(1994) JELR 49448 (SC)    

Supreme Court  ·  SC.94/1992 ·  6 May 1994 ·  Nigeria
Other Citations
Ogbuokwelu v. Umeanafunkwa (1994) 4 NWLR (Pt.341)676 (1994) 5 SCNJ 24
Ogbuokwelu v. Umeanafunkwa (1994) 4 NWLR (Pt. 341) 676
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
trial court
court of appeal
traditional history
senior advocate
statement of claim
trial judge
1st defendant
common boundary
chief williams
evaluation of the evidence
unubi town
abubo land
considered judgment
decision of the court of appeal
evidence of d.w.7
evidence of witnesses
farm hut
findings of fact
lower courts
record of proceedings
anambra state high court holden
background facts of the case
behalf of the respondents cross-appellants
consideration of the case
evidence of p.w.3
first point
issue.the trial judge
italicised sentence
judgment of obiesie
judgment of the trial court
land of defendants
leading judgment
maximum acts of possession
name oheba
order of retrial
ownership of the land
parcel of land
part of a large portion of their land
part of the said town
representatives of the people of iruama village
senior advocates
sets of issues
support of the traditional history
trial court fails

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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