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OGBUOKWELU & ORS
V.
UMEANAFUNKWA & ANOR

(1994) JELR 49448 (SC)

Supreme Court 6 May 1994 Nigeria
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- The dispute concerned a claim by the respondents (plaintiffs at trial) for damages for trespass and a perpetual injunction regarding land known as Abubo/Oheba, with both parties asserting title via conflicting traditional histories. - At

Case Details

Suit Number:SC.94/1992
Judges:MUHAMMADU LAWAL UWAIS CJN OLAJIDE OLATAWURA JSC MICHAEL EKUNDAYO OGUNDARE JSC SYLVESTER UMARU ONU JSC YEKINI OLAYIWOLA ADIO JSC
Counsel:G.R.I. Egonu, SAN (with him, K.C. Nwogu) For the Appellant; Chief F.R.A. Williams, SAN (with him, T.E. Williams Esq.) For the Respondent.
Other Citations:Ogbuokwelu v. Umeanafunkwa (1994) 4 NWLR (Pt.341)676 (1994) 5 SCNJ 24

ONU, J.S.C. (Delivering the Leading Judgment): This appeal is from the decision of the Court of Appeal sitting in Enugu dated 16th January, 1992 and which upset the judgment of Obiesie,J., sitting at the Anambra State High Court holden in Onitsha and delivered on October 13,1989.

The reliefs sought by the plaintiffs, now respondents against the defendants, herein appellants in the trial Court were:-

(1) N100,000.00 special and general damages for trespass into a piece or parcel of land which the respondents called Abubo Land, the particulars of special damages having been specified and calculated to amount to N11,820.00. It arose from an alleged destruction of economic and seasonal crops by the use of a bull-dozer and a carterpillar by the appellants and

(2) Perpetual injunction.

As both sides in their pleadings (which were ordered, duly filed and exchanged) asserted ownership of the land in dispute which the appellants for their part said went by the name Oheba, title was perforce …

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