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GILBERT EZEIGWE V. AWAWA AWUDU

(2008) JELR 46783 (SC)

Supreme Court  •  SC.391/2002  •  23 May 2008  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; SUNDAY AKINOLA AKINTAN JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, holden at Port Harcourt, in appeal No. CA/PH/96/98 delivered on the 4th day of December, 2001 in which the court dismissed the appeal of the appellant against the judgment of the High Court of Rivers State in suit No. PHC/218/90 delivered by OKOR J. on the 2nd day of May, 1997.

In the further amended Statement of Claim, the appellant, as plaintiff in the High Court, claimed against the respondent, then defendant, the following reliefs:

"(1) A declaration that the plaintiff is entitled to the possession and ownership of Plot 2, Block 250 Orije Layout, Port Harcourt duly registered as No. 83 at page 83 in volume 433, Lands Registry, Enugu now kept at the Port Harcourt Lands Registry.

(2) ₦100,000.00 (one hundred thousand naira) only as damages for trespass.

(3) Perpetual injunction restraining the defendant, her servants or agents from further interference …

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