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(2021) JELR 107105 (CA)

Court of Appeal  •  CA/E/285/2017  •  10 May 2021  •  Nigeria

Mohammed Ambi-Usi Danjuma, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 30th June, 2014 in the High Court of Enugu State sitting at Enugu.

In the High Court (the Court below), the Appellant was the plaintiff. The Respondent was the defendant/counterclaimant.

The claim of the Appellant against the Respondent was for the following:

“(a) A Declaration that the Plaintiff as beneficial Owner is entitled to the Grant of Statutory Right of Occupancy over the piece of Land situate at Ugbo Umelia Umuchigbo Iji Nike along the Enugu Abakaliki Express Road adjacent to the Emene Airport Fly over measuring 1382.153 Squares (sic) and Fenced Round with Cement Blocks and Installed thereat with an Iron Gate and which Land is more particularly delineated in Survey Plan No. Kor/EN/81(D) 2009 annexed to these Presents.

(b) An Injunction restraining the Defendant, his Agents, Privies, Servants or whosoever acting on his instruction and stead from having anything to do wi…

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