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LOT ENYIOKO & ORS v. SIR JOYFUL ONYEMA & ORS

(2017) JELR 37898 (CA)

Court of Appeal  •  CA/OW/09/2013  •  30 Jun 2017  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Abia State High Court of Nigeria, sitting at Aba (hereinafter referred to as the Lower Court) delivered on the 2nd day of March, 2012 by Hon. Justice C. O. Onyeabo, J. The suit which gave rise to this appeal was commenced by the plaintiffs/respondents (hereinafter referred to as the respondents) vide a writ of summons, statement of claim and other accompanying originating processes, dated the 8th day of February, 2010 and filed on the 23rd day of February, 2010. Before the trial Court, the respondents claimed against the defendants/appellants for the following reliefs:

(a) N5,000,000.00 (Five Million Naira) being special and general damages for criminal trespass on OHIA IGBENJASI UZO OBEHIE land surveyed in plan no. OSN/AB204/2009.

(b) Injunction permanently restraining the Defendants by themselves, their agents, servants, privies or anybody claiming from or through them f…

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