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GEOFFERY DADA ANWADIKE V. MRS ELIZABETH ESIMAI & ORS

(2013) JELR 35599 (CA)

Court of Appeal  •  CA/E/20/2005  •  6 May 2013  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; MOJEED ADEKUNLE OWOADE JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
Mr D.L Umeji For Appellant Mr. K.C. Emeruwa holding the brief of F.A. Onawuachi For Respondent

Judgement

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This is an Interlocutory appeal against the ruling delivered on 26th November, 2001 by the Anambra State High Court of Justice Onitsha Judicial Division presided over by Hon. Justice C.O. Nweke.

The facts leading to this appeal are stated thus:-

The 4th Respondent commenced an action on 30th March 1998 in Suit No. 0/203/98 (as lawful Attorney of Mrs Elizabeth Esimai) against the Appellant, Reliefs sought by the 4th Respondent (as Plaintiff) at the lower court are set out as follows-

(1) Declaration that the plaintiff is entitled to the Statutory Right of Occupancy over the piece or parcel of land known as Nos. 24A and 24B Francis Street, Onitsha;

(2) An order revoking the power of Attorney granted to the defendant-appellant by the plaintiff over the same piece or parcel of land known as Nos. 24A and 24B Francis Street, Onitsha;

(3) N1,500,000.00 general damages for trespass; and

(4) An order of perpetual injunction.

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