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MR. SOLOMON ESHOGBA & ORS v. MR. JOSEPH OKOKO & ANOR

(2018) JELR 47060 (CA)

Court of Appeal  •  CA/B/154/2015  •  9 Feb 2018  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A.(Delivering the Leading Judgment): The appellants were the claimants in Suit No. S/30/2011, instituted in the High Court of Delta State, holden at Sapele. In paragraph 21 of their joint statement of claim the appellants claimed as follows:

1. A declaration that the Claimants are entitled to the Customary Right of Occupancy over all that parcel of land in dispute which is bounded by New Elume tarred road on one side, Oketebu Stream on the second side, by old footpath on the third side and Amebor Oketebu on the fourth side at OGIEDI-ELUME in Sapele Local Government Area of Delta State.

2. The sum of N5,000,000.00 (Five Million Naira) being damages for trespass and destruction of claimants rubber trees, oil trough, Agric Oil Palm Trees, Cassava farmland, Native Fish Ponds and Economic Trees.

3. An order of perpetual injunction restraining the defendants by themselves, agents, privies, servants or anyone claiming through them and whomsoever from further tr…

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