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ALAEGBU DURU & ORS v. NATHAN DURU & ORS

(2017) JELR 38016 (CA)

Court of Appeal  •  CA/OW/412/2014  •  2 Jun 2017  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Imo State in Suit No. HME/32/2004, delivered on 16/3/2012 by Hon. Justice T.E. Chukwuemeka-Chikeka, wherein the learned trial Judge granted the reliefs sought by the Plaintiffs now Respondents.

At the trial Court the Plaintiffs had sought the following reliefs:

(a) Declaration that the Plaintiffs are entitled to the grant of Customary Rights of Occupancy to the pieces or parcels of land known as and called ALA EKWE NWA UME and IKPA UMUEKE situate at Umuduru, Mbano within the jurisdiction of Mbano Etiti Judicial Division with an annual value of N100.00 (One Hundred Naira) and verged in the Plaintiffs Survey Plan No. DS27621/IM131D/2004, dated 16th November 2004.

(b) N1,000,000.00 (One Million Naira) general damages for trespass.

(c) Perpetual injunction restraining the Defendants from committing further trespass or in any other way interfering with the rights of the Plain…

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