MICHAEL DIKE V. INNOCENT EKWUNIFE OKONKWO (BY SUBSTITUTION FOR ISAAC DIKE (DECEASED))
(2006) JELR 51263 (CA)
Court of Appeal
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CA/E/63/2005
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6 Jul 2006
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Nigeria
Coram
SULEIMAN GALADIMA JCA (Presided) JA’AFARU MIKA’ILU JCA (Read the Lead Judgment) JIMI OLUKAYODE BADA JCA
Appearances
J. M. Enyisi Esq. - for the Appellant.
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A. O. Ubachukwu Esq. - for the Respondent.
Judgement
<p><strong> MIKA’ILU JCA (Delivering the Lead Judgment): </strong> The appellant was the plaintiff in suit No.HN/25/88 and defendant in suit No. HN/17/89. Both suits were consolidated, heard and determinedby the High Court ofAnambra</p><p>State, Nnewi Judicial Division by its judgment delivered on 17th September,1998. Thus, by paragraph 23 of the further amended statement of claim in suit No. HN/25/88 dated 14th May, 1991, the appellant, as plaintiff claimed, as follows:-</p><p>“(a) Declaration that the plaintiff is entitled to the customary right of occupancy to all that piece or parcel of land shown verged pink in plan No.AGLS/AN 243/88 situate at AKWUAKABO</p><p>EZEM, in Uruagu, Nnewi</p><p>N1,000.00 (one thousand naira only) beinggeneral damages for trespass. A perpetual injunction restraining the defendant, his agents, servants or assigns from further trespass into the said land.”</p><p>The defendant in suit No. HN/17/89 as plaintiff, under paragraph 17 of the amended statement of claim dated 21st day of July, 1977 claimed as follows…</p>