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CaseLaw

Ezekwesili V. Ors v Agbapuonwu & Ors (2003) CLR 4(i) (SC)

Judgement delivered on April 11th 2003

Brief

  • Recovery of land and trespass
  • Finding of fact
  • Concurrent possession of land
  • Proof of title
  • Traditional history

Facts

This is an appeal against the judgment of the Court of Appeal Enugu delivered on the 20/1/1998 dismissing the appellants' appeal against the judgment of High Court of Anambra State presided over by Amaizu J, (as he then was) on the 27/10/1994. Before the High Court, the respondents herein as the plaintiffs in representative capacity claimed against the defendants, the appellants herein also in representative capacity, the following reliefs: -

  • a.
    Declaration of title to, and possession of the land known and called "OKPUNO AZU" being and situate at Ogbunike town in Anambra Division and shown on Survey plan No./MEC/66/73 filed by the plaintiffs and thereon verged pink.
  • b.
    N600.00 (Six hundred Naira) or 300 (Three hundred Pounds) damages for trespass committed by the defendants on the plaintiffs said Okpuno Azu land.
  • c.
    Perpetual injunction restraining the defendants, their servants, agents, successors and assigns from continuing in possession or further trespassing on the said Okpuno Azu land.

Pleadings were filed, exchanged and amended and the case went to trial and after its conclusion and in his judgment the trial judge, gave judgment in favour of the plaintiffs and granted all the reliefs sought. The defendants felt dissatisfied with the judgment of the trial Court and unsuccessfully appealed to the Court of Appeal, Enugu Division. With the leave of this Court granted on the 26/3/2002, the defendants have further appealed to this Court upon five grounds of appeal as contained in the Amended Notice of Appeal filed with the aforesaid leave on 19/12/2002.

Issues

  • "1.
    Whether the Court of Appeal was right in holding the decision of...
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