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JAMES EGBUJO VINCENT OGU DENNIS AGWU GABRIEL CHIMEZIE NNADI ANOCHIMRIMIKE LAMBERT EGBUJO NATHANIEL ONYEKA V. BARTHOLOMEW MBAGWU

(2006) JELR 56860 (CA)

Court of Appeal  •  CA/PH/62/2001  •  30 Nov 2006  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA (Presided) ISTIFANUS THOMAS JCA

Appearances
Prof. C. Ogwurike Esq. - for the Appellants/Applicants. B -*- Stanley Chidozie Imo Esq. - for the Respondent.

Judgement

SAULAWA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Imo State High Court, Owerri coram L.C. Alinnor Acting CJ, which was delivered on 19 October 1999. The present respondent had on 26August 1974 caused a writ of summons to be issued by the trial court against the appellants seeking the following reliefs:

The plaintiff claims against the defendants jointly and severally as follows:

Declaration of title to that piece and parcel of land known asand called “Igu Ala” situate at Umueme in Uzoaba Ikeduru within Owerri Judicial Division with annual rent of N10.00.

N600.00 damages for trespass to the said land.

An injunction permanently restraining the defendants, servants agents and/or workmen from entering the said parcel of land any longer or doing any manner of work therein. See pages 1 and 2 of the record of the trial court. However, as it would appear from the records, the respondent had on 27 February 1996 obtained the leave of the trial court to file…

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