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OKO & ORS
V.
NTUKIDEM & ORS

(1993) JELR 43268 (SC)

Supreme Court 12 Feb 1993 Nigeria
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- The plaintiffs sued the defendants for a declaration of title to two pieces of land, damages for trespass, and a perpetual injunction. - The trial judge found that the land in dispute was undeveloped farmland and that both sides claimed t

Case Details

Suit Number:SC.30/1989
Judges:SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SHEHU USMAN MOHAMMED Justice of The Supreme Court of Nigeria
Counsel:A. Ekong Bassey For Appellant Seyi Sowemimo For Respondent
Other Citations:Oko v. Ntukidem (1993) 2 NWLR (Pt.274)124 (1993) 2 SCNJ 33 (1993) 24 N.S.C.C (Pt I) 225

WALI, J.S.C. (Delivering the Leading Judgment): The plaintiffs sued (for themselves and on behalf of Ikot Udo Village), the defendants as representatives of Ikot Ayan Village] for-

(a) a declaration of title to all the two pieces of land known as and called "Ndia Udot Ikot Udo" and "Ndon Ubok Ikot Udo", lying and situate in Ikot Udo within the Uyo Judicial Division of Cross River

(b) N1000.00 damages for trespass; and

(c) Perpetual injunction against the defendants, their servants, privies and agents from further entry into the aforesaid pieces or parcels of land or in any way interfering with the plaintiffs' rights and possession of the said land.

After pleadings were settled, the case proceeded to trial with each side adducing evidence in support of their averments at the end of which the learned trial Judge, Akpabio J. (as he then was) made the following findings:-

"I find from the survey plans tendered by both sides that the land in dispute is just one vast area of undevelope…

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