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WILLIAM AKAOSE & ORS v. ONYEBUCHI OKOYE & ORS

(2016) JELR 37055 (CA)

Court of Appeal  •  CA/E/205/2010  •  29 Feb 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Anambra State High Court of Justice, holden at Onitsha, which was delivered on 22nd April, 2010. The respondents had claimed a declaratory and injunctive reliefs cum damages for trespass with respect to the parcel of land called Offia Ulasi situate in Adagbe Abomimi Village, Enugwu-Ukwu, against the appellants. The latter also counter-claimed wherein they equally sought a declaration of title to the same parcel of land, an injunctive relief and damages for trespass against the respondents. The parties filed and exchanged their respective pleadings and effectively joined issues as to the ownership of the land in dispute.

The background facts of the case as gleaned from the pleadings of the respondents are that:

(i) The land in dispute is called Offia Ulasi and belong to the respondents Adagbe Abomimi sub-village of Abomimi village, Enugwu-Ukwu, Enu Abomimi the second sub village making…

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