(1987) JELR 44576 (SC)    

Supreme Court  ·  SC.89/1987 ·  16 Oct 1987 ·  Nigeria
Other Citations
Okafor v. Nnaife (1987) 4 NWLR (Pt.64)129 (19870 All N.L.R 517 (1987) 9-11 S.C 105
ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria
Core Terms Beta
economic trees
court of appeal
stay of execution
counter affidavit
determination of the appeal
exceptional circumstances
onitsha high court
order of injunction
stay of execution of the judgment
complete agreement
high court
learned trial judge
n600.00 damages
none of the defendants
only issue
perpetual injunction
present appellants
special ground
accelerated hearing of the main appeal
balogun v
best approach
competing rights of the parties
copy of the judgment
court of appeal enugu division
court of appeal praying
customary tenants of the plaintiffs
entire high court judgment
final result
general rules
high courts
history of the case
judgment of the trial court
leading judgment
lower court
onitsha high court suit no.
owners of the pink verge
particular case
pendency of that appeal
purposes of the present appeal
ruling of the onitsha high court
said land
special circumstances
stay of the order
ultimate result

OPUTA, J.S.C.(Delivering the Leading Judgment): The present Appellants were Defendants in the Onitsha High Court Suit No. 0/107/77. In that Suit the Plaintiff now Respondent claimed as follows:-

"(i) A declaration that the Defendants as customary tenants of the Plaintiffs according to native law and custom have no right, to put tenants on the Plaintiff's land or farm outside their homesteads or utilize or cut economic trees on the said land without obtaining Plaintiff's permission.

(ii) A declaration that according to the said native law and custom their holdings revert to the Plaintiff on their vacating the land.

(iii) N600.00 damages for trespass.

(iv) An injunction to restrain the Defendants, their servants and agents from putting tenants on the Plaintiff's land or utilizing economic trees thereon or doing other acts therein inconsistent with their position as such customary tenants."

Pleadings were ordered, filed and exchanged, and after due hearing on relevant evidence the learne…

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