(2003) JELR 44789 (SC)    

Supreme Court  ·  SC.14/1999 ·  11 Apr 2003 ·  Nigeria
Other Citations
Ufomba v. Ahuchaogu (2003) 8 NWLR (Pt.821)130 (2003) 4 S.C (Pt.II) 65 (2003) 4 S.C (Pt.II) 65
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
possession of the land
umuode village
court of appeal
further answer
learned trial judge
ancestor of the defendants
ancestor of the plaintiffs
customary tenant
learned justices of the court of appeal
further acts of trespass
ihesiaba ufomba of the plaintiffs
issue of the death of the slave
judgment of this court
local government area
native arbitration
natural justice
pledge transaction
actual possession of the plaintiffs
ancestor of the defendants agwu
behalf of ichi family
concurrent findings of fact
consent of the plaintiffs
consequence of such incidence
customary grant
diverse days
eze nwamaghinma
family of the defendants
farm of his landlord
following people
issue of the alleged customary grant
jurisdiction of this honourable court
leading judgment
lead judgment of katsina-alu
licence of the plaintiffs
obioma ngwa
plan no. ven
said land
stands of oil palm trees
stands of raffia palm trees
successive heads of plaintiffs
traditional ruler of the community of both parties
umuode village of obioma ngwa

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): The plaintiffs, who are now appellants in this appeal, claimed from the defendants, jointly and severally as per paragraph 24 of their statement of claim -

"(a) N10,000.00 (Ten Thousand Naira) being general and special damages in that on or about the month of February, 1985 and on diverse days before and thereafter the defendants without leave and/or licence of the plaintiffs broke and entered 'AMAUKWU UZOIYI' land being the same as the land in dispute, situate at Umuode village in Obioma Ngwa Local Government Area and in actual possession of the plaintiffs, cleared by the plaintiffs for farming purposes but set fire on the said land by the defendants which destroyed the plaintiffs' economic trees and the defendants planted unwanted cash crops without the consent of the plaintiffs to wit:-

30 labourers at the rate

of N5.00 each for 3 days = N450.00

73 stands of raffia palm trees

at N10.00 = 730.00

130 stands of oil palm trees…

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