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OGUAMANAM EKE v. NZEKWE ELUWA & ANOR

(2000) JELR 44192 (CA)

Court of Appeal  •  CA/PH/125/99  •  13 Apr 2000  •  Nigeria

Coram
IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of the learned trial Judge in the court below in an action in which the plaintiff now appellant claimed as follows:-

(a) A declaration that the plaintiff is entitled to a statutory certificate of occupancy of the property.

(b) N100,000.00 general damages for trespass.

(c) Perpetual injunction restraining the defendants, their servants agents or privies from interfering with the plaintiff's rights and interest howsoever in the property".

The 2nd defendant now respondent filed a statement of defence and counter-claim and claimed as follows:

(a) The deed of conveyance dated 19th November, 1974 and registered as No. 94 at page 94 in volume 756 of the Register of deeds Owerri and purported to have been executed by Oluigbo Nlemadim Nkenze of Orji in favour of the plaintiff is void.

(b) The statutory certificate of occupancy No.16 of page 16 in volume 230 of the register of deeds in respect of Plot 433…

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