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OKONJI & ORS.
V.
NJOKANMA & ORS.

(1999) JELR 43658 (SC)

Supreme Court 17 Dec 1999 Nigeria
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- The plaintiffs filed a suit against the defendants for declaration of title to land, damages for trespass, and injunction. - The two actions were consolidated and tried together. - The trial court ruled in favor of the plaintiffs. - The d

Case Details

Suit Number:SC.233/1993
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Counsel:B.A.M. Fashanu, Esq For Appellant Chief Olisa Chukura SAN (with him Chris D. Okoh) For Respondent
Other Citations:Okonji v. Njokanma (1999) 14 NWLR (Pt.638)250 (1999) 12 S.C (Pt II) 150

O. ACHIKE, J.S.C (Delivering the Leading Judgment): The plaintiffs/respondents filed suit No. A/10/73 at the High Court, Asaba in March 1973 and claimed against the defendants/appellants for declaration of title to land, damages for trespass and injunction. The defendants/appellants cross-claim, in similar terms, against the plaintiffs/respondents in suit No. A/16/73 in April 1973. The two actions were consolidated and accordingly tried together. Judgment was delivered in favour of the plaintiffs/respondents on 30/3/81. Dissatisfied with that judgment, the defendants/appellants appealed to the Court of Appeal, Benin City and lost. Still dissatisfied, they further appealed to the Supreme Court. The Supreme Court ordered a re-hearing of the appeal in the Court of Appeal. At the conclusion of the re-hearing, the Court of Appeal on 9/7/93 again, gave judgment in favour of plaintiffs/respondents. With leave of the Supreme Court the appellants appealed and argued on grounds of law, mixed la…

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