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ZIMIRO EMEJURU & ANOR v. OBEDIAH ABRAHAM & ORS

(2007) JELR 47488 (CA)

Court of Appeal  •  CA/PH/52/2003  •  15 Jan 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; MONICA BOLNA'AN DONGBAN-MENSEM JCA;

Judgement

DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): The appellants as plaintiffs in the trial court filed a suit in which they claimed as follows, against the respondents as

defendants, jointly and severally:-

"1. A declaration that the land called and known as "UGBATE LAND" the subject matter of this suit, situate at Ubarama in the Ekpeye District of Ahoda Local Government Area of Rivers State is the bona fide property and owned by the plaintiffs without any encumbrances.

"2. A perpetual injunction restraining the 1st and 2nd set of defendants, their agents, servants and privies from alienating, further entering, allotting, partitioning or sharing for farming or any other purposes or putting into any groups or individual use the land called and known as UGBATE situate at Ubarama in the Ekpeye District of the Ahoda Local Government Area of Rivers State.

"3. The sum of N13, 380,000.00 as damages for trespass by their defendant.

The particulars of claim made out in the statement o…

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