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SIMEON AMAEFUNA v. JONATHAN OKOLI

(2014) JELR 36387 (CA)

Court of Appeal  •  CA/E/179/2010  •  27 Aug 2014  •  Nigeria

Coram
AMIRU SANUSI (OFR) JCA; TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 17/6/2004 the Appellant herein as Plaintiff, commenced Suit No: AG/64/2004 in the High Court of Anambra State by filing a claim and causing a writ of summons to be issued against the Respondent herein as Defendant. The Plaintiff claimed for-

1. Declaration that the plaintiff is entitled to the grant of customary right of occupancy over the piece or parcel of land known as and called "Ana Ofe Udo" situate at Eti village in Nanka Town in the Orumba North Local Government Area of Anambra State of Nigeria within the jurisdiction of this Court, which said land will be more properly described, delineated and shown in a survey plan to be filed later in these proceedings and whose annual value is ₦5,000 (Five thousand Naira only).

2. ₦10,000,000.00 (Ten million Naira) for trespass in that in the month of February 2003, the said defendant unlawfully invaded the said piece of land and cut down several heads of palm fruits and a…

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