ONWUKA & ORS.
V.
EDIALA & ANOR

(1989) JELR 49545 (SC)    

Supreme Court  ·  SC.18/1987 ·  20 Jan 1989 ·  Nigeria
 · 
Other Citations
Onwuka v. Ediala (1989) NWLR (Pt.96) 182 (1989) 1 S.C (Pt II) 1
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Core Terms Beta
dispute
appellants
respondents
plaintiffs
defendants
evidence
learned trial judge
court of appeal
part of the land
evidence act
piece of land
trial court
land use act
customary right of occupancy
exhibit a
said land
exhibit j
learned justices of the court of appeal
parcel of land
evidence of the plaintiffs
palm plantations
violation of the plaintiffs
elias v omo-bare
evidence of the defendants
following reliefs
oguta local government area
statement of claim
suit no. hog
boundary feature
case of atekwadzo v robert adjei
case of kalio v woluchem
considered judgment
court of appeal rules
customary possession of the plaintiffs
extent of the southern portion of the land
grant of injunction
judgment of the trial court
leading judgment
northern boundary of the disputed land
okwuagboso land
opposing parties
order of oguta high court
plaintiffs claim
plan exhibit
plan no.ecis
relevant issues
such evidence
unlawful acts

WALI, J.S.C. (Delivering the Leading Judgment): In the trial Court the two actions filed by the opposing parties contesting the ownership of the same piece of land, though ascribing to it different names, were consolidated.

In suit No. HOG/9/85 filed by the plaintiffs for themselves and on behalf of Umuezeafor Kindred of Ohaji/Egbema/Oguta Local Government Area, as per their paragraph 9(a) of their Statement of Claim, the plaintiffs claim the following reliefs against the defendants:-

"(a) Declaration that the piece of land known and called "NWAOKPEKWE" land annual value N20.00 situate at Obile Ohaji in the Oguta Judicial Division and more particularly shown in plan No.ECIS/1162/81 dated 20th of May, 1981 has been in the customary possession of the plaintiffs who are consequently entitled to customary right of occupancy.

(b) N500.00 general damages for trespass to the said land.

(c) Injunction restraining the defendants by themselves, their servants and agents from entering the said…

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