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NWOKAFOR AND 5 OTHERS
V.
UDEGBE AND 4 OTHERS

(1963) JELR 34548 (SC)

Supreme Court 19 Feb 1963 Nigeria
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Suit Number:F.S.C.440/1961
Judges:LIONEL BRETT Ag C.F.S. Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR E.J. Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Ag. E.S. Justice of The Supreme Court of Nigeria
Counsel:C. Ikpeazu Q.C. (with him E.C. of Odile) For Appellant A.O. Mbanefor For Respondent
Other Citations:(1963) 1 All N.L.R 104

BRETT, Ag. C.J.E:- This was a representative action, originally brought in the Udoka Native Court, in which the plaintiffs, for themselves and others of Umuanugwo Quarters of Ifite-Ukpo, sued the defendants, for themselves and others of Uruowelle Quarter of Umudioka, claiming a declaration of title to a piece of land called "Agbagolu" or "Mpiti", and damages for trespass.

The land in question is bounded to the East by a motor road constructed by the plaintiffs and defendants, to the South by the Nkissi stream, and to the West by the Okpuaha stream. To the North there seems to be no visible boundary, and both parties claim to own the land stretching northward from the land in dispute to a line of trees described by the defendants as the "Douglas boundary", to which I shall refer later. The case for the plaintiffs is that the defendants own no land North of the Nkissi stream, and that the land East of the motor road and North of the Nkissi stream belongs to the people of Awka, which is …

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