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NNAMDI ASOMUGHA V. CLEMENT NWABUEZE

(2011) JELR 47002 (CA)

Court of Appeal  •  CA/E/228/2008  •  15 Apr 2011  •  Nigeria

Coram
MOHAMMED L. TSAMIYA JCA; ABDU ABOKI JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement
<p>MOHAMMED L. TSAMIYA, JCA (Delivering the leading : ): This is an appeal by the plaintiff (herein referred to as the appellant) against the judgment of Anambra State High Court (herein referred to as the trial court) sitting in Onitsha Judicial Division, delivered on 26th February, 2008, dismissing the appellant's case against the defendant (herein referred to as the respondent). The appellant instituted an action in the trial court against the respondent, claiming the sum of Ten Million Naira (N10 million) damages for trespass, and injunction restraining the respondent, his agents, and/or privies from further trespass on the land in dispute which is verged purple on the appellant's plan No. SSC/AN/D66/2006. In a nutshell, the case for the appellant according to statement of claim and evidence is that the land in dispute was one-half of a piece or parcel of land called plot 1284 Akpaka Forest Layout, Onitsha. That the said Plot 1284 along with other plots was the compensatory plo…</p>

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