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NWABUFO EMEMBO v. AKUNNIA NNAMDI IWENOFU

(2009) JELR 42122 (CA)

Court of Appeal  •  CA/E/75/2007  •  11 Mar 2009  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; MOHAMMED LADAN TSAMIYA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

OLUKAYODE ARIWOOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendant against the judgment of Anambra State High Court sitting at Onitsha delivered by the Hon, Justice J. I. Nweze on the 28th of April, 2006 in suit No.0/618/2001. The Plaintiff at the lower Court had claimed against the Defendant as follows:

"(a) A declaration that the plaintiff is entitled to the statutory right of occupancy over the piece and parcel of land verged red on plan No PA/MLS/ANOO1/2002 situate and being at Plots 11 and 12 Owellebo Layout, Onitsha

(b) N10,000,000 (Ten Million Naira) general damages for trespass.

(c) An order of perpetual injunction restraining the Defendant by himself, his servants, agents, privies, heirs, successors and otherwise for any further acts of trespass on the said piece and parcel of land."

Pleadings were filed and exchanged and the case proceeded to trial. The plaintiff testified and called one witness while the Defendant/Appellant also testified and c…

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