(1991) JELR 44637 (SC)    

Supreme Court  ·  SC.174/1988 ·  10 May 1991 ·  Nigeria
Other Citations
Onwujuba v. Obienu (1991) 4 NWLR (Pt.183) 16 (1991) 5 SCNJ 40 (1991) 5 S.C 45
Onwujuba v. Obienu (1991) 4 NWLR (Pt. 183) 16
MUHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
learned trial judge
igwe orizu iii
trial court
obis of nnewi
careful consideration
decision of the court of appeal
gaius onumaegbu
high court
parcel of land
particular parcel of land
allocation of the land
a. o. obaseki
briefs of argument
chief clement chukwulo obienugh v
chief k.o. orizu
conjectural conclusion of the learned trial judge
credible evidence
decision of the trial court
hand shows
issue of trespass
land evidence of possession
leading judgment
nnewi judicial division of anambra state
number of witnesses
own brief
portion of nnewi communal land
said report
second complaint
section deals
see yesufu latinwo
s. kawu
subject matter of this dispute
suit no.
support of their respective claims
totality of the evidence

S. KAWU, J.S.C. (Delivering the Leading Judgment): The appellants in this appeal, as plaintiffs in the High Court at Nnewi, Nnewi Judicial Division of Anambra State, for themselves and on behalf of the Ekwueme Social Club of Nigeria, Nnewi Branch, claimed against the respondents jointly and severally the sum of N4,098.00 (Four thousand and ninety eight naira) only as damages for trespass.

Pleadings were ordered and exchanged.

The appellants' case was that in 1972 they approached P.W.5, Igwe Orizu III and the other three Obis of Nnewi and some elders of the town and requested them to grant them a parcel of land on which to erect their Club Hall and the allocation of the land was made to them as requested. It was their case that the parcel of land allocated to them was a portion of Nnewi Communal land. It was also their case that after they had started erecting a building on the land in 1974, the respondents invaded the place, demolishing their building and scattered the heaps of sand a…

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