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NTA & ORS.
V.
ANIGBO & ANOR.

(1972) JELR 40660 (SC)

Supreme Court 11 May 1972 Nigeria
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- Plaintiffs (representing Agbani community) sought declaratory relief as to the boundary between Agbani and Amodu Akagbe lands as demarcated by District Officers (Chadwick in 1944, confirmed and varied by Jackson and King in 1956), damages

Case Details

Suit Number:SC.719/1966
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Counsel:C. N. Oguagha for the appellants. For Appellant A. Obi Okoye (Dr. D. A. Nnamani with him) for the respondents. For Respondent
Other Citations:(1972) All N.L.R 510 (1972) 5 S.C. 101

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The respondents were the plaintiffs in an action tried in the High Court, Enugu (W. J. Palmer J.) in which their claim as set out in the amended statement of claim reads as follows:-

"Wherefore the plaintiffs' claims against the defendants are as follows:-

(a) A declaration that the boundary between the lands of the plaintiffs and defendants is as demarcated by Mr. Chadwick and confirmed in Awkunanaw Native Court suit No. 84/46 by Mr. Jackson which boundary is more particularly delineated and shown yellow in the plan CS/146/62 filed in this case Or

In the alternative, should the court hold that Mr. King's decision is binding on the plaintiffs (which is denied), a declaration that the boundary between the lands of the plaintiffs and defendants is as demarcated by Mr. Chadwick and confirmed in Awkunanaw Native Court suit No. 84/46 by Mr. Jackson as varied by Mr. King which boundary is more particularly delineated and shown yel…

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