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MR. EJIKE AGODI v. MR. VICTOR ANYANWU & ORS

(2014) JELR 33090 (CA)

Court of Appeal  •  CA/OW/86/2012  •  3 Oct 2014  •  Nigeria

Coram
R. C. AGBO JCA; IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA;

Judgement

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abia State High Court in Suit No. HOB/31/2002, delivered on 18/10/2011 by Hon. Justice, O.A. Otisi J. (as she then was), wherein her Lordship held, dismissing the Suit, as follows:

"(1) The claims sought by the claimant fail and are hereby dismissed.

(2) It is hereby declared that the certificate of occupancy dated 4th May, 2002 granted to the 1st Defendant and registered as No. 42 at page 42 in Volume 63 of the Lands Registry office at Umuahia based on its merits stands and remains effective.

(3) The claims of the 1st Defendant for damages and for order of perpetual injunction restraining the claimant from further acts of trespass are not proved and are hereby refused.

(4) The counter-claim of the 2nd and 3rd defendants is refused.

(5) It is also ordered that the 2nd Defendant is to re-establish the proper boundaries between the land of the claimant, as demarcated in the certificate of o…

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