(1978) JELR 46360 (SC)    

Supreme Court  ·  SC.358/1976 ·  2 Jun 1978 ·  Nigeria
Other Citations
UMUNNA & 5 ORS. v. OKWURAIWE & 3 ORS. (1978) 6-7 S.C. (REPRINT) 1
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
statement of claim
akwulo land
general damages
number of shrines
civil procedure
high court
sufficient evidence
attention of the learned trial judge
error of the court
exclusive possession of the land
parcel of land
relevant portion of the judgment
slip rule
such errors
views of counsel
above judgment
addresses of counsel
a. o. obaseki
attention of the court
concluding portion
conclusion of the hearing of evidence
considered judgment
exclusive possession of that piece
findings of facts
further acts of trespass
general order
ground of appeal
items of claim
leading judgment
lines of the judgment
nominal award
notice of the learned trial judge
opening paragraph of the said judgment
order of the trial court
pages of the record
period of trespass
plan no. lsu
proper consideration of the defendants
question of costs
said land
suit no. a30
virtue of order
western state
westminster bimbo coal

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): The appellants were defendants in Suit No. A30/72 instituted by the respondents at Asaba in the Asaba Judicial Division of the High Court of Justice, Mid-Western State (now Bendel State) of Nigeria wherein the respondents as plaintiffs claimed by their Writ of Summons and paragraph 20 of the Statement of Claim:

"(a) A declaration that the plaintiffs are entitled to the exclusive possession of that piece and parcel of land lying and situate in Asaba within the Asaba Judicial Division known as Akwulo land as shown on and verged in pink in plan No. LSU 624 filed by the plaintiffs in this suit;

(b) N4000 (Four Thousand Naira) damages for trespass; and

(c) An injunction restraining the defendants, their servants or agents and each of them from committing further acts of trespass on the said land."

In compliance with the order of the trial court, pleadings were duly filed and served or delivered and the matter came up for hearing bef…

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