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CHIADIGHKAOBI ADIUKWU V. JOHN CHUKWUEMEKA ENWEREJI

(2016) JELR 41047 (CA)

Court of Appeal  •  CA/OW/89/2013  •  15 Apr 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
I. A. Nwabudogu Esq. For Appellant F. I. Aniukwu Esq. For Respondent

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court in Suit No. A/224/2008, delivered on 21/11/2012 by Hon. Justice O.Z. Ikeorha, wherein the learned trial Court dismissed the claims of the Plaintiff, who is Appellant herein.

The reliefs sought at the Lower Court were:

"(a) Declaration that the Plaintiff is entitled to the Statutory Right of Occupancy over the part of the land traditionally called 'Okpulor Adikwu' situate at the entrance to Umuadikwu compound at Amufuni Village in Aba South LGA.

(b) The sum of N5,000,000.00 (Five Million Naira) only, being special and general damages for trespass.

(c) A declaration that the Defendant has no right to close or interfere with the entrance into the compound street of Umuadikwu with shops or any other structure or thing.

(d) A perpetual order of injunction restraining the Defendant by himself, his agents, servants, workmen, privies and or assigns whosoever from entering i…

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