(2005) JELR 45167 (SC)    

Supreme Court  ·  SC.42/2001 ·  15 Jul 2005 ·  Nigeria
Other Citations
Okposin v. Assam (2005) 14 NWLR (Pt.945)495 (2005) 7 S.C (Pt III) 57 (2005) 7 S.C (Pt III) 57
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
Core Terms Beta
odoro ndiso
court of appeal
1st defendant
mkpabat enang
amended statement of claim
trial court
amended statement of defence
grounds of appeal
lead judgment
plea of estoppel
eno ukit akpan
plea of res judicata
1st appellant
subject matter
learned trial judge
ikot uso ekong
leading judgment
proper evaluation of the said evidence
successful plea of res judicata
amended notice of appeal
exclusive possession of the disputed land
final result
important issue
land of the plaintiffs
lower court
said piece
suit side
totality of evidence
above decision
capacities of the parties
decision of the court of appeal
district officers review
e. a. akpan licenced surveyor
exchange of pleadings
exhibits c
following cases
following conditions
high court of akwa ibom state
judgment of the trial high court
plan no. ish
previous judgments
reserved judgment
respect of their claims
respect of the piece of land
support of their respective cases

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Akwa Ibom State holden at Eket, the plaintiffs claimed against the defendants as follows:-

(1) A declaration that the land known as Odoro Ndiso and shown on plaintiffs' plan is the land of the plaintiffs.

(2) N4,000.00 damages for trespass.

(3) An injunction to restrain the defendants by themselves, their servants or agents from continuing or repeating any act of trespass on the land in dispute.

(See paragraph 22 of the amended statement of claim which supercedes the writ).

After the filing and exchange of pleadings, the case proceeded to trial. At the trial the plaintiffs called six witnesses in support of their respective cases. Counsel on both sides addressed the court. In a reserved judgment, the learned trial Judge entered judgment for the plaintiffs in respect of their claims for a declaration of title and perpetual injunction in respect of the piece of land known and called Odoro Ndiso. The claim for damage…

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