(2005) JELR 45183 (SC)    

Supreme Court  ·  SC.93/1999 ·  20 May 2005 ·  Nigeria
Other Citations
Ugoji v. Onukogu [2005] 16 NWLR (pt.950)97
Ugoji v. Onukogu (2005) 16 NWLR (Pt. 950) 97
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
Core Terms Beta
owerri town planning authority
ikenegbu layout
trial judge
possession of the land
amawon kindred of owerri town
court of appeal
gordon a. njemanze
plot no.
statement of defence
trial court
declaration of title
owner of the land
prima facie case
record of proceedings
above passage
behalf of the defendant
building materials
judgment of the trial court
leading judgment
learned trial judge
plots of land
allocating authority
claims of the plaintiff
conclusions of the learned trial judge
high court
issue of the decision of the trial court
land dispute
lease agreement
material time
military governor of imo state
owerri high court of imo state
pleaded facts
present owerri capital development authority
respect of a parcel of land
respect of a plot of land
said gordon a. njemanze
said pleadings
statutory certificate of occupancy
title shows
view of the pleadings
virtue of the provisions of the land use act

OGUNTADE, J.S.C. (Delivering the Leading Judgment): At the Owerri High Court of Imo State, the respondent as the plaintiff, claimed against the appellant, as the defendant, for (a) Declaration of tight to statutory certificate of occupancy; (b) Ten thousand Naira as general and special damages for trespass and (c) a perpetual injunction. The claims were in respect of a parcel of land described as Plot No. 287 Ikenegbu Layout, Owerri.

The parties filed and exchanged pleadings after which the suit was tried by Chianakwalam, J. who, on 20th November, 1985, granted the reliefs claimed by the plaintiff save that two thousand Naira was awarded as damages instead of the ten thousand Naira claimed. The defendant was dissatisfied with the judgment. He brought an appeal against it before the Court of Appeal sitting at Port-Harcourt (hereinafter referred to as 'the court below'). The court below on 16/3/93 in its judgment, affirmed the judgment of the trial court. Still dissatisfied, the defenda…

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