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JOHN ANOZIE V. BARTHOLOMEW ALUKA JULIUS OSUEKE (For themselves and as representing members of Umuatonti Community Umuariam Obowo)

(2001) JELR 55800 (CA)

Court of Appeal  •  CA/PH/86/94  •  21 Feb 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE, JCA (Presided) MICHAEL EYARUOMA AKPIROROH, JCA (Read the Lead Judgment) ABOYI JOHN IKONGBEH, JCA

Judgement

AKPIROROH, JCA (Delivering the Lead Judgment): The appellant was the defendant while the respondents were the plaintiffs in the lower court in this action which was instituted at Etiti in Imo High Court as suit No. HME/49/82. Pleadings were ordered and duly delivered before the case went to trial before Acholonu, J, (as he then was). The plaintiffs’ claims as set out in paragraph 12 of their amended statement of claim are as follows:- “(1) Declaration of title to a parcel of land known as and called Ala Upa Umuatonti situate at Umuatonti Umuariam Obowo in the Okigwe Judicial Division, the annual rental value of which is N10,00 (ten Naira).

N400.00 (four hundred Naira) being general damages for trespass.

An injunction permanently to restrain the defendant, his servants, agents and/or workmen from entering upon or in any way interfering or dealing with the said land.” The plaintiffs’ case, put briefly, in the lower court is that the land in dispute was founded by their ancestor, Atonti …

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