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MICHAEL ACHILIHU & ORS V. EZEKIEL ANYATONWU

(2013) JELR 35931 (SC)

Supreme Court  •  SC.131/2003  •  18 Jan 2013  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; JOHN AFOLABI FABIYI JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC;

Appearances
N. U. Nwokocha-Ahaniwe with Nnedinma Harry (Mrs.) For Appellant Uche S. Awa with Nehemiah Odinaka Uba For Respondent

Judgement
<p><strong>KUMAI BAYANG AKA&#x27;AHS, JSC (DELIVERING THE LEADING JUDGMENT): </strong> The respondent/cross-appellant as plaintiff commenced the action in the then Imo State High Court Isiala Ngwa Judicial Division holden at Okpuala Ngwa (now Abia State) in Suit No. HIN/2/84 against the appellants/defendants jointly and severally wherein he claimed the following reliefs in paragraph 16 of the Amended Statement of Claim:-</p><p> &quot;(i) A declaration that the land known as and called &quot;OKPULO ALAOCHA&quot; situate at Uratta Umuocham Village in Isiala Ngwa Local Government Area within jurisdiction of this Court is in the possession of the plaintiff who is entitled to the grant to him of a Certificate of Occupancy in respect of the said land.</p><p> (ii) <s>N</s>1000.00 (One Thousand Naira) damages for trespass in that in or about January, 1984 and on diverse days before and thereafter the defendants without the leave or licence of the plaintiff broke and entered the said land in concert cleared the same for purposes of farming, damaged the …</p>

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