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LAWRENCE EJIKE v. IFEANYI JUNIOR OBIEGBUNAM & ANOR

(2016) JELR 41256 (CA)

Court of Appeal  •  CA/E/234/2008  •  22 Jan 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court, Otuocha Judicial Division delivered by Honourable Justice P. C. Obiorah in suit No. OT/11/2002 on 14th January, 2008.

The appellant herein as the plaintiff claimed against the respondent at the Court below as follows:

a. A declaration that the plaintiff is entitled to the statutory right of occupancy over the said piece of land situate at Ogui-Aguleri within jurisdiction, which land is more properly shown and described in survey plan No. FAL/LD2/2002 filed with the statement of claim.

b. (100,000) One Hundred Thousand Naira, only as general damages for trespass committed by the defendants in the plaintiffs said land.

c. Injunction restraining the defendants, their servant, agents, and privies from further trespassing on the plaintiffs sad land.

The 1st respondent counter-claimed as follows:

(a) A declaration that the counterclaimant/1st defendant is entitled to…

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