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SECONDI BOGBAN & Ors v. MOTOR DIWHRE & Ors

(2005) JELR 45252 (CA)

Court of Appeal  •  CA/B/88/2003  •  20 May 2005  •  Nigeria

Coram
PATRICK IBE AMAIZU JCA; NWALI SYLVESTER NGWUTA JCA; UWANI MUSA ABBA AJI JCA;

Judgement

ABBA AJI, J.C.A. (Delivering the Leading Judgment): The respondents as plaintiffs commenced this action before the High Court of Justice, Delta State, sitting at Effurun Judicial Division, wherein the respondents claimed the following reliefs:

(1) A declaration that the plaintiffs are entitled to a statutory right of occupancy, over that piece or parcel of land known as Orhan Ujo land, situate and lying at Obughere Quarters in Orhuwhorun Town in Udu Local Government Area of Delta State, a place within the jurisdiction of this Honourable Court.

(2) The sum of N100,000.00 (One hundred thousand Naira) as special and general damages for trespass committed by the defendants, when defendants broke and entered the said piece or parcel of land sometime in April, 1997.

(3) An Order of perpetual injunction restraining the defendants by themselves, their servants, agents, workmen and/ or privies and all persons claiming under and/or through them from entering, remaining and/or in any way interfe…

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