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OKPALOKA & ORS.
V.
UMEH & ANOR.

(1976) JELR 42472 (SC)

Supreme Court 15 Oct 1976 Nigeria
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Case Details

Suit Number:SC.69/1975
Judges:GEORGE SODEINDE SOWEMIMO 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
Counsel:C.R.I. Egonu (with him, A.N. Anyamene) For Appellant Chief F.R.A. Williams, (with him, G.N.A. Okafor and T.A. Makanju) For Respondent
Other Citations:OKPALOKA & 2 ORS. v. UMEH & ANOR.(1976) 9-10 S.C. (REPRINT) 167

A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): The plaintiffs/appellants instituted this action in the High Court of Justice of the East Central State holding at Awka claiming:

1. 2,000(pounds) special and general damages for trespass to their land known as Ofia Iyi Uga, whereof 1,050(pounds) -special damages and 950(pounds) - general damages.

2.Injunction to restrain the defendants, their agent and/or servants from further crossing the established boundary and interfering with the land in dispute.

3.An order of the court that the damaged and/or the missing beacons marking out the boundary be replaced."

Pleadings were ordered and duly delivered.

After hearing evidence, Aseme, J., the learned trial Judge gave a considered judgment in which he dismissed the claim in its entirety finding as follows:-

"I find as a fact that the occupation of the land by the defendants and the various acts done thereon by them have been over a considerable number of years before this action w…

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