ANSA. V ISHIE


In the Supreme Court


On FRIDAY, 17TH JUNE,2005.


SC. 92/2002


Before Their Lordships

IDRIS LEGBO KUTIGI JSC

AKINTOLA OLUFEMI EJIWUNMI JSC

DAHIRU MUSDAPHER JSC

IGNATIUS C. PATS ACHOLONU JSC

SUNDAY AKINOLA AKINTAN JSC

Between

NTOE ANDREW O. ANSA & 3ORS

And

CHIEF ASUQUO ARCHIBONG ISHIE & 16 ORS


Issue:

The appellants instituted this action against a number of defendants (now respondents). Their claim against the first set of respondents was for trespass in that the said people who were initially permitted to settle on a specific area of land many years ago, exceeded the area granted them. The said respondents denied the claim. The court below held that the area trespassed on was not proved and the claim was dismissed. The claim against the other sets of respondents was also for trespass in that they entered and settled on the land in dispute without permission. The area involved in all the claims are vast and the defendants had long settled on the various areas involved. The parties also denied the plaintiffs' claim. NSCQR VOLUME 22 2005 Page 792 The Plaintiffs claim were thus dismissed by the trial court and same affirmed by the Court of Appeal. Hence, the present appeal to the Supreme Court.

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