CORAM

MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT

SOWEMIMO

P. NNAEMEKA-AGU, JUSTICE, SUPREME COURT

PARTIES

JOSEPH EKWEREEJIOFOR ONYEKELUISIBA ENWERE (For themselves and on behalf of the people of Amaogbu family, Umuaku, Okigwi division.)OTU AZOROOHAERI ANYAOHA (For themselves and on behalf of the people of Obagu quarter of Umuaku, Okigwi Division.)AKABUIKE MADUNWOBI ONWUZURU (For themselves and on behalf of Amakpoke quarter of Umuaku, Okigwi Division.) APPELLANTS

NAKMAKOSI IYIEGBUOKAFOR MBAONYEAGU ONWU (For themselves and on behalf of the people of Okpu family of Owerre, Awka Division.) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiffs are the people of Okpu family of Owerre village in Awka Division. The defendants are the people of Amaogbu, Obagu and Amakpoke families of Umuaka village in Okigwi Division. The plaintiffs own the land in dispute which the defendants also claim ownership.

HELD

The Court held that the appeal is allowed and the judgment of the Onitsha High Court, including the order as to costs, in Suit No. 0/91/59 delivered on 8th April, 1963, is hereby set aside.

ISSUES

Whether having admitted that the defendants/appellants used to farm on the land in dispute with their permission, the plaintiffs/respondents could maintain claims for trespass and injunction. Whether they had failed to prove the eastern boundary of their land and if so, what effect this failure should have on their claim.

RATIONES DECIDENDI

CASES CITED

1. Oluwi v. Eniola (1967) NMLR p. 339 at 340|2. Banjo v.Fasanya SC. 315/1967|3. Lawal v. Adeola SC. 187/1967 delivered 25/9/70)|4. Sanni v. Oki SC.199/1968 delivered on 26/3/71|5. Aremu v. Akanji SC. 86/1970 delivered on 29/10/70

STATUTES REFERRED TO

Native Courts Ordinance (Cap. 142 of the Laws of Nigeria, 1948)|

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