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OFONDU
V.
NIWEIGHA

(1993) JELR 43306 (SC)

Supreme Court 12 Feb 1993 Nigeria
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Case Details

Suit Number:SC.315/1990
Judges:SAIDU KAWU Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SHEHU USMAN MOHAMMED Justice of The Supreme Court of Nigeria
Counsel:E.T.O. Njoku -for the Appellant/Cross Respondent For Appellant T.D. Dick-Harry for the Respondent/Cross Appellant For Respondent
Other Citations:Ofondu v. Niweigha (1993) 2 NWLR (Pt.275)253 (1993) 2 SCNJ 73 (1993) 24 N.S.C.C (Pt I) 212

BELGORE, J.S.C.:(Delivering the Leading Judgment): The plaintiff Dr. Ofondu sued at the High Court of Rivers State sitting at Port Harcourt for a declaration that he was the lawful holder of a right of occupancy by virtue of a lease to him by the Abandoned Property Authority. N10,000.00 damages for trespass and perpetual injunction against the defendant, his agent etc, from further trespass on the land. He further asks for account of rents collected. The land, on which a building stands, is variously referred to as No. 29 Ojoto Street or 56 Anozie Street, Diobu. Port-Hacourt. The defendant denied the claim but insisted that he was interested in 29 Ojoto Street, Diobu which he claimed he acquired by purchase and that he knew nothing about 56 Anozie Street, Diobu which according to him is different from his own building. After hearing evidence of the parties, learned trial Judge dismissed the plaintiff's claim holding that there was no certainty as to the identity of the property in dis…

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