CYRIL DIKEOCHA (SUBSTITUTED BY BENEDICT NNAEMEKA DIKEOCHA) V. CLEMENT DIKE
(2005) JELR 51150 (CA)
Court of Appeal
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CA/E/137/2000
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7 Jul 2005
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Nigeria
Coram
JAMES OGENYI OGEBE JCA (Presided) SULEIMAN GALADIMA JCA (Read the Lead Judgment) OLUFUNLOLA O. ADEKEYE JCA
Appearances
B. Orakwe Esq. - for the Appellant.
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Chief O. B. Onyali (SAN) (with him, K. A. Yakubu Esq.) - for G
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the Respondent.
Judgement
<p><strong> GALADIMA JCA (Delivering the Lead Judgment): </strong> This appeal is against the decision of Uyanna (CJ) of Awka High Court of Anambra</p><p>State in suit No. AA/52/80 delivered on 29/7/94, wherein the court gave judgment in favour of the plaintiff (respondent herein) by granting reliefs as claimed to wit: A declaration that the plaintiff is entitled:- (a) To the customary right of occupancy in respect of the land shown on plaintiff’s survey plan, exhibit- Plan No. MG/ 81/86 verged red.</p><p>An order of perpetual injunction restraining the defendant, his servants, agents and/or privies from committing any further acts of trespass on the said land verged red in exhibitin plaintiff’s plan. N300.00 general damages award to the plaintiff against the defendant.</p><p>Dissatisfied with the judgment, the defendant (hereinafter referred to as the appellant) appealed to this court upon a notice of appeal containing 9 grounds of appeal.</p><p>Subsequently, and in accordance with the rules of this court, brief of argument were f…</p>