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OKARIKA & ORS.
V.
SAMUEL & ANOR

(2013) JELR 36107 (SC)

Supreme Court 8 Feb 2013 Nigeria
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- Two consolidated suits (AHC/12/82 and AHC/17/82) at the High Court of Rivers State involved competing claims over land at Oboburu town, with both parties seeking declarations of customary right of occupancy, damages for trespass, and inju

Case Details

Suit Number:SC.251/2005
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUMAI BAYANG AKAAHS Justice of The Supreme Court of Nigeria
Counsel:E. C. Aguma for the Appellants with him; Frank Otioto. For Appellant R. W. Nnwoka for the Respondents with him; A. W. Ariyem. For Respondent
Other Citations:(2013) JELR 56832 (SC)

IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The Suits between the parties before the High Court sitting in the Ahoada Judicial Division of the High Court of Rivers State (trial court) were between the same parties. The Suits were numbered AHC/12/82 and AHC/17/82. They were later consolidated. In AHC/12/82, the Plaintiffs' therein, who are the Respondents' herein, commenced their action against the Defendants, who are now Appellants' herein. The Plaintiffs' asked for the following reliefs:

1. "A declaration to the customary rights of occupancy of a piece or parcel of land situate at OBOBURU town in AHOADA Local Government Area known as and called "MBIDE LAND."

2. N5,000.00, being general damages for trespass in that the Defendants' wrongfully and unlawfully broke into and entered into the said "MBIDE LAND" which is and has been in the actual and lawful possession of the Plaintiffs', destroying trees and planting building pegs.

3. A perpetual injunction restraining…

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