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ONWUKA & ORS.
V.
EDIALA & ANOR

(1989) JELR 49545 (SC)

Supreme Court 20 Jan 1989 Nigeria
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This case involves two parties disputing ownership of a piece of land known as "Nwaokpekwe" land. The plaintiffs claim that the land has been in their customary possession and they are entitled to a customary right of occupancy. The defenda

Case Details

Suit Number:SC.18/1987
Judges: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
Counsel:Chief M. I. Ahamba For Appellant Chief I. A. Onyeama For Respondent
Other Citations:Onwuka v. Ediala (1989) NWLR (Pt.96) 182 (1989) 1 S.C (Pt II) 1

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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