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CaseLaw

Odunukwe V. Ofomata (2010) CLR 12(f) (SC)

Judgement delivered on December 10th 2010

Brief

  • Ground of appeal
  • Issue for determination
  • Leave to appeal
  • Preliminary objection to appeal
  • Ownership of land
  • Traditional history
  • Acts of possession
  • Concurrent findings

Facts

The Plaintiff for himself and on behalf of the Anazodo Odunukwe family of Nnewichi Nnewi, the Appellants in this appeal sued the Defendants, now Respondents, claiming jointly and severally as per paragraph 12 of their amended statement of claim as follows:-

  • i
    Declaration of title to all that piece or parcel of land situate at Obuofia Nnewichi Nnewi within the jurisdiction and more particularly delineated and verged Pink in the Survey Plan No. EC. 127/72 filed with this statement of claim.
  • ii
    100 damages for wanton acts of trespass committed by the Defendants on the said land.
  • iii
    Injunction to restrain the Defendants, their servants, agents and privies from further entry on the said land."

The claim was later amended (see page 83) to read as follows:

The Plaintiffs were displeased with this judgment and appealed to the Court of Appeal, Enugu Division. That Court dismissed the appeal. They have further appealed to this Court

Issues

  • 1
    Was the Court of Appeal right in rejecting the Plaintiff's case for ...

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