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UDO & ORS.
V.
OBOT & ORS.

(1989) JELR 42883 (SC)

Supreme Court 13 Jan 1989 Nigeria
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- The plaintiffs (respondents) claimed, for themselves and as representatives of Akpa Utong, declarations of title, damages for trespass, and a perpetual injunction over land known as Ekpene Ibiok, alleging wrongful entry and destruction by

Case Details

Suit Number:SC.133/1987
Judges:AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
Counsel:E.O. Sofunde, S.A.N. (with him, Mrs. M. O. Ayeni) For Appellant G. R. I. Egonu, S.A.N. (with him, P.C.O. Nwagbo) For Respondent
Other Citations:Udo v. Obot (1989) NWLR (Pt.95) 59 (1989) 1 S.C (Pt I) 64

OPUTA, J.S.C. (Delivering the Leading Judgment): In the court of first instance the Plaintiffs (now Respondents in this court) sued "For themselves and as representing the people of Akpa Utong" and claimed from the Defendants (now Appellants in this court), who are people of and representing Afia Nsit (Z) the following:

"1. A Declaration that the Plaintiffs are the titular owners in possession of the piece or parcel of land situate at Akpa Utong ...........and known as and called Ekpene Ibiok............

2. N1,000.00 general damages for trespass in that on or about the 30th day of April, 1975, the Defendants by themselves, servants and agents unlawfully broke and entered the Plaintiffs said "Ekpene Ibiok" land and destroyed Plaintiffs houses and economic crops and built huts therein without leave or licence of the Plaintiffs. The Defendants' will continue the said acts of trespass unless restrained.

3. Perpetual Injunction restraining the Defendants, their servants and or agents from…

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