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CLEMENT CHIJOKE v. UCHE IFEANYI CHUKWU & ANOR

(2017) JELR 37749 (CA)

Court of Appeal  •  CA/E/342/2009  •  20 Feb 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): The Appellant (as the Plaintiff) before the Enugu State High Court (Now Court below) claimed against the Respondents (as defendants) jointly and severally as follows:

(a) A declaration of plaintiffs right of occupancy in respect of the parcel of land known as plot 140A independent layout Enugu.

(b) An injunction restraining the defendants, their attorneys, agents or servants from interfering with or obstruction of the Plaintiffs right of possession and enjoyment of the said parcel of land.

(c) An injunction restraining the defendants and their agents, attorneys or servants from trespassing into the said parcel of land.

The Appellant later filed his statement of claim on 21st day of March, 2000. The 1st respondent filed a statement of Defence and Counter-Claim. The Appellant then filed a reply to the 1st Respondents statement of defence and counter-claim. The 2nd Respondent did not file any defence, but on 27th February, 20…

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