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NDULUE & ANOR
V.
OJIAKOR & ORS

(2013) JELR 36077 (SC)

Supreme Court 1 Feb 2013 Nigeria
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- The dispute concerned statutory right of occupancy, damages for trespass, and a perpetual injunction over land known as Odongwo at Adazi-Nnukwu, Anambra State, between the Adazi-Nnukwu (Respondents/Plaintiffs) and Umuori, Neni (Appellants

Case Details

Suit Number:SC.19/2004
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:Ben Osaka, Esq-, with R. v. Ezeani and Lynda C. Ikpeazu Esq for the Appellants. For Appellant Emeka Ofodile, Esq, SAN, with Tobechukutu Nweke for the Respondents. For Respondent

STANLEY SHENKO ALAGOA, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Enugu Division in Appeal No. CA/E/97/99 delivered on the 7th May, 2001 upholding the judgment of the High Court Awka, Anambra State Suit No. AA/39 /90 delivered on the 6th October, 1997. In the said High Court, the present Respondents as Plaintiffs claimed against the Appellants as Defendants as per Paragraph 27 of their Amended Statement of Claim dated the 26th July, 1997 and filed on the 28th July, 1997 at page 90 of the Records, the following reliefs:

i. A declaration that the plaintiffs are entitled to the Statutory Right of Occupancy over all that piece and parcel of land known as Odongwo lying and situate at Adazi - Nnukwu more particularly shown and verged red in Survey Plan No. SC/AN/503/LD/90 prepared by Dr. C.O. Ezeanwusi, Licensed Surveyor with an annual rental value of N10.00.

ii. N50,000.00 (Fifty Thousand Naira) general damages for the acts of tre…

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