CaseLaw
UfombaV. Ahuchaogu (2003) CLR 4(j) (SC)
Judgement delivered on April 11th 2003
Brief
Facts
The Plaintiffs, who are now appellants in this appeal, claimed from the Defendants, jointly and severally N10,000.00 (ten thousand Naira) being general damages and Perpetual Injunction restraining the defendants, their agents and servants or workers from further acts of trespass into aforesaid 'AMAUKWU UZOIYI’ land within the jurisdiction of this Honourable Court.
The Plaintiff’s instituted the action in a representative capacity for themselves and on behalf of Ichi family in Umuode Village of Obioma Ngwa Local Government Area. The defendants who are members of the Umuagwu family Umuode Village of Obioma were sued in their individual capacity. The action went to trial at which each side led evidence in support of its case. At the conclusion of after addresses by learned counsel for the parties, the learned trial Judge found for the Plaintiffs. The Defendants were displeased with the judgment and appealed to the Court of Appeal, which said Court allowed the appeal, set aside the judgment of the court and dismissed Plaintiffs' case. The Plaintiffs have, in appealed to the Supreme Court. The plaintiff pleadings revealed that the plaintiffs were claiming title to the land in dispute was given traditional history claiming that the defendants were customary tenants. The defendants on the other hand claimed that the land in dispute was given to the plaintiffs on a pledge, which is redeemable. The plaintiffs were offered the money owed in order to redeem the pledge by the defendants but the plaintiffs refused same.
Issues
Whether the learned Justices of the Court of Appeal adverted their minds...