(1998) JELR 45678 (SC)    

Supreme Court  ·  SC.280/1991 ·  12 Jun 1998 ·  Nigeria
Other Citations
Odukwe v. Ogunbiyi (1998) 8 NWLR (Pt.561)339 (1998) 6 S.C 72
Odukwe v. Ogunbiyi (1998) 8 NWLR (Pt. 561) 339
SALIHU MODDIBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
trial court
learned trial judge
certificate of occupancy
exhibit h
brief of argument
doctrine of lis pendens
philomena ejoh
respect of the land
present case
isagba family
determination of this appeal
exhibit a
exhibit e
provisions of order
course of the trial
parcel of land
rules of this court
said judgment
share of their isagba family land
statement of claim
alone sells family land
annual value of the said land
careful review of the evidence
decision of the court of appeal
exhibit b c
exhibits d
family property
high court of former anambra state of nigeria
judgment of the high court
judgment of the trial court
leading judgment
members of this family
omagba layout
onitsha high court
piece of land
result of the partition
see ukejianya v
such possession of the land
synthetic issues
time of such sale
trial judge
unanimous decision

IGUH, J.S.C. (Delivering the Leading Judgment): In the High Court of former Anambra State of Nigeria, the plaintiff, who is now the respondent, instituted an action against the appellant, who therein was the defendant, claiming as follows:

"1. N500.00 (Five hundred naira) for trespass committed by the defendant and/or his servants on the plaintiff's land which is situate and lying at Omagba Layout in Onitsha and which piece of land is correctly described as No.28 Water Works Road Onitsha. The annual value of the said land is worth N20.00.

2. An injunction restraining the defendant, his servants and/or his agents from further trespass upon the said plaintiff's piece of land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

The case accordingly proceeded to trial and parties testified on their own behalf and called witnesses.

Both parties traced their root of title to the land in dispute to the Isagba family or Ogbolieke village Onitsha. It was not in d…

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