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NWOKE & ORS
V.
OKERE & ORS

(1994) JELR 43393 (SC)

Supreme Court 27 May 1994 Nigeria
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- The plaintiffs claimed title to a piece of land known as "Okpuhu-Ukwu" and sought damages for trespass and an injunction against further trespass. - The plaintiffs argued that the land was founded by their ancestor and was inherited by th

Case Details

Suit Number:SC.78/1992
Judges:SALIHU MODIBBO ALFA BELGORE JSC ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC UTHMAN MOHAMMED JSC ANTHONY IKECHUKWU IGUH JSC
Counsel:C.S.I. Iwuji, Esq. (with him, E.E. Iwuji, Esq.) For the Appellant; E.T. Nsofor (with him, J.O. Nsofor (Miss)) For the Respondent.
Other Citations:Nwoke v. Okere (1994) 5 NWLR (Pt.343)159 (1994) 5 SCNJ 102, (1994) 5 NWLR (Pt. 343) 160, (1994) JELR 70699 (SC)

KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiffs' claims against the defendants as contained in para. 25 of the Amended Statement of Claim (which supersedes the writ), are as follows-

"1. Declaration of title to all that piece or parcel of land in dispute known as and called "Okpuhu-Ukwu".

2. N400.00 being general damages for trespass into the said Okpuhu-Ukwu land.

3. Perpetual injunction restraining the defendants their agents or servants from further trespass thereto."

After the filing and exchange of pleadings by the parties the case proceeded to trial. At the trial the 3rd plaintiff and four other witnesses testified for the plaintiffs while the 5th defendant along with three other witnesses testified in support of defendants' case.

Briefly stated the plaintiffs' case is that the land in dispute known as Okpuhu-Ukwu and delineated in their survey plan, Exhibit A, was founded by their first ancestor called Odudu. Odudu had two children named Emereonye and Nkitaogu…

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