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CaseLaw

Anthony V. Onyebashi (1974) CLR 11© (SC)

Judgement delivered on November 7th 1974

Brief

  • Damages for trespass
  • Interim injunction
  • Root of title
  • Customary tenants right to possession of land
  • Forfeiture

Facts

The plaintiff sued for damages for trespass and interim injunction restraining defendants and their servants or agents from erecting a building on the disputed parcel of land.

The plaintiff was the daughter of a deceased female member of the defendant's family, and claimed that the parcel of land had been granted to her mother by the head of the family during her lifetime.

The learned trial Judge gave judgment for the defendants, holding that the plaintiff had failed to prove either the identity of the land in dispute or the "corporeal quantum” of the land.

Issues

  • 1
    Whether it is necessary for a person in possession of land to describe the...
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