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OKE & ORS.
V.
EKE & ORS.

(1982) JELR 46391 (SC)

Supreme Court 10 Dec 1982 Nigeria
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Case Details

Suit Number:SC.18/1982
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria
Counsel:H. A. Lardner, Esq., SAN., (with him, S. O. Igbudu, Esq., and C. O. Okwusogu, Esq.) For Appellant Chief Ofodile, Esq., (with him, B. O. Eneh, Esq., and N. O. Igwe, Esq.) For Respondent
Other Citations:OKE & ORS. v. EKE & ORS. (1982) 12 S.C. (REPRINT) 100

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment):The parties in this action are the representatives of three neighbouring village-communities of MBAEZI MBALA, UMUOBASI MBALA AND UMUHU UMUAKU. There are thus two distinct sets of defendants, namely UMUOBASI MBALA AND UMUHU UMUAKU.

The plaint reads:-

"The plaintiffs claim against the defendants jointly and severally as follows:-

(1) A declaration of title of that piece of land called "Imeagu-Mbaezi" situate at Mbaezi, Mbala, Isuochi, Okigwe Division of annual rental value of N10.

(2) N1,000 damages for trespass therein.

(3) Perpetual injunction restraining defendants, their servants and agents from further entry or interference with the said "Imeagwu Mbaezi." "

Pleadings having been ordered by the court of trial were duly exchanged between the parties.

In support of their case the plaintiffs, hereinafter referred to as the appellants, rested their case on the following averments in their amended Statement of Claim:-

"(1) The plai…

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