NDULUE
V.
IBEZIM & ANOR

(2002) JELR 44658 (SC)    

Supreme Court  ·  SC.183/1997 ·  24 May 2002 ·  Nigeria
 · 
Other Citations
Ndulue v. lbezim (2002) 12 NWLR (Pt.780) 139 (2002) 5 S.C (Pt.II) 124
Ndulue v. Ibezim (2002) 12 NWLR (Pt. 780) 139
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
defendants
persons
respondents
suits
consolidated suits
appeal
court of appeal
order of injunction
representative capacity
oraukwu community
learned trial judge
issues
learned justices of the court of appeal
present case
trial court
amada village
decision of the court of appeal
legal entity
perpetual injunction
behalf of the appellant
chief okereke oti
contention of the respondents
further acts of trespass
second suit
senior advocate of nigeria
appeal no.ca
application of the parties
behalf of the people of umuori
briefs of argument
case of the respondents
chief a. o. mogboh
claim of the plaintiff
end of trial
fronts of the respondents
further appeals
gratuitous order of perpetual injunction
high court of justice
interest republicae
judgment of the trial court
leading judgment
order of the trial judge
portion of the order of injunction
purpose of hearing
respective counsel
rules of this court
said judgment of the trial court
suit aa

IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated in the High Court of Justice of the now defunct East Central State of Nigeria, Awka/Amawbia Judicial Division, holden at Awka. Two suits were involved.

In suit no. AA/25/74 the plaintiff, suing in a representative capacity for himself and on behalf of the people of Umuori, Neni filed the action against two defendants, a man and his wife who hailed from Amada village, Oraukwu claiming N600.00 damages for trespass and perpetual injunction. In the second suit no. AA/26/74, the same plaintiff in the same representative capacity as in suit AA/25/74 instituted the action against another defendant also from Amada village, Oraukwu claiming N400.00 damages for trespass and perpetual injunction in respect of the same piece of land in dispute.

It is important to note that one common feature in both suits is that the plaintiff, although suing in a representative capacity, expressly sued the…

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