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OKAGBUE AND ORS
V.
ROMAINE

(1982) JELR 46413 (SC)

Supreme Court 21 May 1982 Nigeria
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- The respondent, claiming to be a "Kola Tenant" of the Mgbelekeke family, sued the appellants for trespass and sought a perpetual injunction concerning No. 2 Francis Street, Onitsha, alleging ownership through inheritance and subsequent te

Case Details

Suit Number:SC.63/1981
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Counsel:P Umeadi for Chief F.R.A Williams SAN For Appellant Chike Ofodile, SAN For Respondent
Other Citations:(1982) All N.L.R 111 (1982) 5 S.C. 66

C. IDIGBE, JSC(Delivering the Leading Judgment): In this appeal the challenge is to the decision of the Federal Court of Appeal (hereinafter in this judgment referred to as "the Court of Appeal")-Aseme, Alfa Belgore and Adenekan Ademola JJ.C.A.-dismissing an appeal of the appellants from the judgment of the trial Court based mainly on findings of facts made by that court [Francis Nwokeki J.] upon evidence which the appellants submit should have been disregarded because, they contend, they (i.e. the evidence) "go to no issue." In order to appreciate fully the contention of the appellants, it is necessary to set out not only the facts in these proceedings, so far as they are material to the points in this appeal, but also the relevant portions of the pleadings delivered by the parties thereto.

The respondent who claims to be a "Kola Tenant" of the Mgbelekeke family of Onitsha claims, as general damages "'31,000" (i.e. N2,000) from the appellants jointly and severally for trespass on a p…

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