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CELESTINE EKEOCHA V. PATRICK ARIATARAONYENWA DOMINIC NWATA

(2007) JELR 52871 (CA)

Court of Appeal  •  CA/PH/240/96  •  20 Jun 2007  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA (Presided) BODE RHODES-VIVOUR JCA IBRAHIM M. MUSA SAULAWA JCA (Read the Lead Judgment)

Judgement

SAULAWA JCA (Delivering the Lead Judgment): The appellant had on 2 July 1991 filed a suit against the respondents at the Customary Court of Ngor-Okpulo, holden at Ngor-Okpulo, Imo State, claiming the following reliefs:

A declaration that the plaintiff is entitled to the customary right of occupancy to all that lot, piece or parcel of land known A as and called “Uzo Ahia” or Okpulo situate at Umuwaoma Obiangwu in the Ngor Okpulo Local Government Area. N2,000.00 (two thousand naira) being general damages for trespass.

Perpetual injunction restraining the defendants, their agents , workmen, heirs etc. from entering the land.

The appellant’s suit against the respondents was registered as No.

CC/NG/43/9.

On 11 July 1991, the respondents on their own part filed a counter suit No. CC/NG/47/91 in the same court claiming the following reliefs:

A declaration that the plaintiffs are entitled to the customary right of occupancy to all that lot, piece or parcel of land known as and called “Uzo Ahia” o…

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