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CHIEF JOHN ANYIMBA v. PHILIPH NWOBODO ANYI ONOVO

(2008) JELR 48896 (CA)

Court of Appeal  •  CA/E/68/2007  •  7 Jul 2008  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; AMIRU SANUSI JCA; STANLEY SHENKO ALAGOA JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): In the High Court of Enugu State, holden at Agbani, the Respondent as Plaintiff took out a writ of summons dated 11th January 2005 and filed same day against the Appellant as Defendant claiming as follows -

(a) A declaration that by virtue of the judgment of Mburubu Native Court (which judgment was delivered on or about the 10th June 1940) the Plaintiff is entitled to the customary right of Occupancy over the large portion of land located and situate at Obinagu, Nara in Nkanu West Local Government (survey plan of which to be filed later).

(b) A declaration that by virtue of the said judgment, the defendant is estopped from laying claim to the land, and/or from trespassing and/or entering the land to farm, build, sale (sic) or cut down economic trees, an act which the defendant and his agents have persisted in committing.

(c) Perpetual injunction restraining the defendant, his agents, and privies from trespassing into theā€¦

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