(2005) JELR 45168 (SC)    

Supreme Court  ·  SC.48/2001 ·  8 Jul 2005 ·  Nigeria
Other Citations
Ogbu v. Wokoma (2005) 14 NWLR (Pt.944)118 (2005) 7 S.C (Pt II) 123 (2005) 7 S.C (Pt II) 123
Ogbu v. Wokoma (2005) 14 NWLR (Pt. 944) 118
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Core Terms Beta
ikwerre road
port harcourt
trial court
court of appeal
deed of conveyance
rivers state
lower courts
survey plan
different names
instrument of transfer
leading judgment
trial judge
abandoned property
charles nyeowa
land registry
late oji ogbu
nnanna oji ogbu
single issue
trial courts decision
administrator of the estate of oji ogbu
claim fails
contention of the learned trial judge
decision of the court of appeal
document of title
enugu land registry
final order of dismissal of the appellant
land registry port harcourt
nigerian civil war
ownership of a house
plaintiff of any amount
port harcourt high court
respect of a dispute
rivers state official gazette no.
said property
suit no. phc
tenants of the said premises
totality of admissible evidence

AKINTAN, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff commenced this action at Port Harcourt High Court in 1982 as suit No. PHC/272/82 against the respondent as defendant. The claim was in respect of a dispute arising over the ownership of a house at 185 Ikwerre Road, Port Harcourt. The action was instituted by the appellant through his attorney, Nnanna Oji Ogbu, the administrator of the estate of Oji Ogbu (deceased).

The plaintiff's claim as set out in paragraph 9 of the amended statement of claim is as follows:

"(a) N100, 000 special and general damages for the trespass committed by the defendant to the plaintiff's premises situated at No. 185 1kwerre Road, Port Harcourt in September, 1982

(b) An account of all rents collected by the defendant from tenants of the said premises and payment over to the plaintiff of any amount found due.

Perpetual injunction restraining the defendant either by himself, his servants and/or agents from committing any further act…

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