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FELIX ANYAKORA & ORS. v. NWAFOR OBIAKOR & ORS.

(2004) JELR 45050 (CA)

Court of Appeal  •  CA/E/11/2001  •  1 Nov 2004  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA; JAFARU MIKA'ILU JCA;

Judgement

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice Anambra State in the Onitsha Judicial Division in suit No. 0/114/78 delivered on the 24th of January, 1997. The appellants who were the plaintiffs before the trial court sued in a representative capacity for themselves and on behalf of the people of Uru-Oji Ogidi village, the respondents who were then defendants, asked for the under-mentioned reliefs as indicated in their further amended statement of claim filed on 23/3/90 -

(1) N100,000.00 being general damages for trespass.

(2) Perpetual injunction to restrain the defendants, their agents and assigns from further trespass into the land.

They gave the name of the land in dispute as Agu Isiogwugwu situate at Ogidi and more particularly delineated and verged green less the area verged yellow in the plan No. ECAS/214/78 filed along with the further amended statement of claim.

The respondents, joined issues, and in theiā€¦

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