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KAMALU & ORS
V.
UMUNNA & ORS.

(1997) JELR 45484 (SC)

Supreme Court 16 May 1997 Nigeria
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- The plaintiffs (appellants) claimed they were the only descendants of the late Daba and had the customary right of occupancy to certain lands. - The trial court initially awarded the appellants title to the disputed lands but dismissed t

Case Details

Suit Number:SC.241/1991
Judges:SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC EMMANUEL OBIOMA OGWUEGBU JSC SYLVESTER UMARU ONU JSC ANTHONY IKECHUKWU IGUH JSC
Counsel:Chief Donald I. Udogu (with him, U.F. Udigu (Mrs) For the Appellant; C. O. Akpamgbo, Esq. - SAN (with him, Hauwa Inuwu (Miss)) For the Respondent.
Other Citations:Kamalu v. Umunna (1997) 5 NWLR (Pt.505)

S. U. ONU, J.S.C. (Delivering the Leading Judgment): The plaintiffs, herein appellants, had in a representative capacity sued the defendants, herein respondents, also in a representative capacity at the Imo (now Abia) State High Court sitting at Aba claiming the following reliefs:-

"(i) Declaration that the plaintiffs are the only descendants of the late Daba.

(ii) Declaration to the customary right of occupancy in respect of 'Egbelu Umudaba' land and 'Okpulo Daba' the annual value of which is N10.00 situate at Umuocham within the Aba Judicial Division

(iii) N400.00 being general damages for trespass.

(iv) Perpetual injunction."

Pleadings were ordered, filed and exchanged in this case which has a tinge of family status. While the appellants amended and further amended their Statement of Claim and the respondents delivered their Statement of Defence, the case went to trial at which four witnesses testified for the appellants and the same number of witnesses were called in support of th…

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