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MR. JOAB ARUM V. MRS. FLORENCE C. EGBO

(2016) JELR 41257 (CA)

Court of Appeal  •  CA/E/511/2013  •  24 Jun 2016  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
Ujam H. Ujam, Esq. For Appellant C. C. Abonyi, Esq. For Respondent

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Agbani, Enugu, presided over by Hon. Justice A. O. Anidi and delivered on the 25th day of June 2013 in Suit No. HAGB/4/2011.

SYNOPSIS OF FACTS

The Suit, the subject matter of this Appeal was instituted by Writ of Summons filed on the 17th of May 2011. - Pages 2-3 of the Record of Appeal.

In Paragraph 6, the Plaintiff (Appellant in this Appeal) claims against the Defendant (Respondent in the present appeal) the following

(a) An order restraining the defendant or her agents from further use of the plaintiff residential land to conduct church services.

(b) A declaration that the plaintiff being the owner of the land is entitled to the enjoyment of his land without trespass and nuisance from the defendant and her Church True Light of God Mission.

(c) The sum of Ten Million Naira (N10,000,000.00) being damages of trespass on the land.

(d) Five Million Naira (N5,000,000.00) f…

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