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UDE & ORS.
V.
CHIMBO & ORS.

(1998) JELR 45647 (SC)

Supreme Court 2 Oct 1998 Nigeria
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- The appellants, representing the Amawom Community, sued the respondents, representing the Ihim Community, in the High Court of Imo State, seeking a declaration of customary right of occupancy, damages for trespass, and a perpetual injunct

Case Details

Suit Number:SC.129/1994
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Appellants absent and unrepresented. For Appellant Amaechi-Nwaiwu (with him, A.E. Obiekwe) - for the Respondents. For Respondent
Other Citations:Ude v. Chimbo (1998) 12 NWLR (Pt.577) 169 (1998) 9-10 S.C 97

IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated in the High Court of Justice of the former Imo State of Nigeria, Umuahia Judicial Division, holden at Umuahia on the 9th day of April, 1986. In that court, the appellants, for themselves and as representing members of the Amawom Community, Oboro. Ikwuano claimed against the defendants, for themselves and as representing members or the lhim community, Ibere Ikwuano as follows:-

1. A declaration that the plaintiffs are entitled to the customary right of occupancy of all those pieces or parcels of land known as and called "Inyinukwu" lying, situate and being in Amawom. Obara, Ikwuano within the Umuahia Judicial Division which land are more particularly delineated and shown in the plaintiffs' survey plan No. VEN/D82/86 therein verged pink and whose annual rental value is about ₦20.00.

2. ₦50,000.00 being special and general damages far trespass on the said land in that on or about …

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