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OPARAJI & ORS.
V.
OHANU & ORS.

(1999) JELR 43768 (SC)

Supreme Court 4 Jun 1999 Nigeria
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- The dispute involved claims of title, damages for trespass, and injunctive relief over the same parcel of land between two communities, with both sides relying on alleged decisions of prior customary law arbitrations in their favour. - At

Case Details

Suit Number:SC.176/1992
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Counsel:Appellants absent and unrepresented For Appellant K.C.O. Njemanze. Esq. For Respondent
Other Citations:Oparaji v. Ohanu (1999) 9 NWLR (Pt.618) 290 (1999) 6 S.C (Pt I) 41

A. I. IGUH, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division which had on the 22nd day of November, 1991 dismissed the appeal by the plaintiffs from the decision of Ukattah, J. as he then was, sitting at Oguta in the High Court of Imo State.

The proceedings are in respect of two consolidated suits. The plaintiffs, for themselves and as representing the Umuhorum Umunwanyi Community of Ohuba, Ohaji had in suit No. HOG/24/81 claimed against the defendant, for themselves and as representing the Umuagor Obosima Community of Ohaji, as follows:-

'"(a) Declaration that the plaintiffs are entitled to the customary right of occupancy over the land called "Wemewara/Ogbutara" situate in Ohuba, Ohaji.

(b) Ten thousand naira (N10,000.00) being general damages for trespass.

(c) Perpetual injunction restraining the defendants, their agents, wives, relations, inlaws, workmen from entering the said land to carry out any form…

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