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NOAH OKEREAFOR EKE MARTINS EKE V. EUGENE O. IBE

(2007) JELR 52814 (CA)

Court of Appeal  •  CA/PH/295/99  •  30 May 2007  •  Nigeria

Coram
ISTIFANUS THOMAS JCA (Presided) IBRAHIM MOH’D MUSA SAULAWA JCA

Judgement

RHODES-VIVOUR JCA (Delivering the Lead Judgment): In the Customary Court of Ngor-Okpala Local Government Area of Imo State, the appellants, as plaintiffs instituted an action against the respondent, as defendant for the following: A declaration that the plaintiffs are entitled to the Customary

Right of Occupancy to the pieces or “ parcels of lands known as and called:

“Ugwuala”

“Okpulo - Ocha”

“Okpulo-Uhi”

“Okwuegbe”

“Okahia” all situate and lying at Amauku Ihitte, all together valued N100.00 (one hundred naira) within the Jurisdiction of this honourable court.

The sum of N2,000.00 (two thousand naira) being special and general damages for trespass, and unlawful seizure of the said lands; and Perpetual injunction to restrain the defendant by himself, his agents, servants, workmen and/or privies from committing further acts of trespass on the said lands.

In proof of their case the plaintiffs called two witnesses, while the defendant called three witnesses. The witnesses were cross-examined. …

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