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PETER NNAM AGBO v. CHUKWUMA AGBO

(2017) JELR 37632 (CA)

Court of Appeal  •  CA/E/251/2008  •  31 Mar 2017  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; TOM SHAIBU YAKUBU JCA; JOSEPH TINE TUR JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant was sued at the Customary Court Akpugo/Obuno in Suit No. CC/AO/5/02, Nwankwo Agbo v. Peter Agbo, claiming as per his claim, thus:

(a) Injunction restraining both parties from further entry into the "Amankwo Land" in Obuno till the end of this matter at this Court.

(b) N2, 000 damages for trespass on the said land.

On 7th day of May 2003, the Customary Court gave its judgment in the matter stating inter alia:

"In the circumstance therefore we hold that the Plaintiffs prayer is justified and accordingly the Defendant is liable. We hold that the said Amankwo land in dispute is a communal property of the five sons of Agbo Be Ene. The restriction order will remain in force and applicable to both sides in this dispute till such a time the five sons will agree to share their property. As regard to N2000, no evidence was led in support of this claim by the witnesses and as such this aspect of the claim is waved to facilita…

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