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UZUDA
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EBIGAH & ORS

(2009) JELR 47348 (SC)

Supreme Court 17 Jul 2009 Nigeria
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- The parties in consolidated suits (AHC/52/86 and AHC/107/86) claimed competing declarations of right of occupancy, damages for trespass, and injunctions over disputed land in the Ahoada Judicial Division, Rivers State. - The trial court g

Case Details

Suit Number:SC.348/2002
Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
Counsel:Chief F. A. Eneawaji For Appellant M. C. Wilcox For Respondent
Other Citations:(2009) 15 NWLR (Pt. 1163) 1, Uzuda v. Ebigah (2009) 15 NWLR (Pt. 1163) 1 S.C.

C. M. CHUKWUMA-ENEH, J.S.C. (Delivering The Leading Judgment): In this matter, the plaintiffs in suit NO.AHC/52/86 has claimed against the defendants jointly and severally, a declaration of right of occupancy, damages for trespass and injunction in regard to the land in dispute situated in Ahoada Judicial Division. The defendants as plaintiffs in a cross-action No.AHC/107/86 have also claimed similar reliefs against the plaintiffs as in Suit No.AHC/52/86 as defendants, in respect of the same land in dispute as in the aforementioned suit. The two suits have been consolidated.

The defendants in AHC/52/86 have filed an application for an interlocutory injunction to restrain the plaintiffs from entering the land in dispute. Sequel to its ruling on this application, the trial court on 16/10/87 has acceded to the application, thus restraining the plaintiffs from entering the land in dispute. However, the plaintiffs have not reacted immediately to the order of injunction until 31/10/88 when…

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