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UGONGENE & 2 ORS
V.
OKOYE & 2 ORS

(2026) JELR 115437 (SC)

Supreme Court 15 May 2026 Nigeria
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Case Details

Suit Number:Suit No. SC.895/2016(R)
Judges:Mohammed Lawal Garba, JSC, Chidi Nwaoma Uwa, JSC, Haruna Simon Tsammani, JSC, Habeeb Adewale Olumuyiwa Abiru, JSC, Mohammed Baba Idris, JSC
Counsel:J.H.C. Okolo, S.A.N, Victor Agunzi, S.A.N, Emeka Amaefuna, with them, A.N. Duru for Appellant(s) M. C. Udechukwu for Respondent(s)

MOHAMMED LAWAL GARBA, JSC (DELIVERING THE LEADING RULING): The Respondents, in their amended claim dated 2/4/86, sought the following reliefs against the Appellants/Applicants:

a. Declaration of title under the native law and custom of Awka Town to all that piece or parcel of land lying being and situate at Agulu Quarter, Awka Town known as and called "Egbeana-Obibia" and shown verged Pink on the plaintiffs' plan No. NLS/AN2181/85 filed in Court;

b. ₦100.00 being general damages for the defendants' trespass to the said Land;

c. Perpetual Injunction restraining the defendants, their servants or agents from Further acts of trespass to the said land.

Trial/hearing commenced on 31st October 2000, and the Respondents, in proof of their claim, called six (6) witnesses, while the Appellants called seven (7) witnesses and did not counter-claim against the Respondents. In the course of the trial (the Appellants' case and after they had called three (3) witnesses), the Appellants/Applicants filed a…

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