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EJEZIE ANENE & ORS v. THEOSOPHY THEOCRAT OKOYE

(2013) JELR 34058 (CA)

Court of Appeal  •  CA/E/159/2009  •  18 Jul 2013  •  Nigeria

Coram
MOJEED ADBKUNLE OWOADE JCA; ISAIAH OLUFEMI AKEJU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 20th October 2008, the Anambra State High Court sitting at Nnewi, per G. E. Ifeakandu, J rendered judgment in suit No. HN/51/2005 in favour of the plaintiff (respondent herein) against the defendants (appellants herein) in the following terms -

1. "The plaintiff is declared the bona fide allottee of stall situate, being and known as Zone 19 No. 308 at the Main Market, Nnewi which was granted to him by the Nnewi North Local Government.

2. N600,000.00 (Six hundred thousand naira) only being general damages for trespass jointly and severally against the defendants.

3. Perpetual injunction restraining the defendants, their servants, agents and or privies from disturbance or further disturbance or from interfering with the plaintiff in his enjoyment of the said stall."

Dissatisfied with this judgment, the defendants commenced this appeal No. CA/E/159/2009 on 3rd December, 2008 by filing a notice of appeal containing si…

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