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AUGUSTINE EZIBUO & ORS v. IGNATIUS IHEJIOFOR & ORS

(2014) JELR 36176 (CA)

Court of Appeal  •  CA/E/250/2008  •  8 Dec 2014  •  Nigeria

Coram
AMIRU SANUSI JCA; EMMANUEL AKOMAYE AGIM JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of High Court of Anambra State ("the Lower Court" for short) delivered by Uzoewelu J. on 26th November 2007 in Suit No.HID/6/1984 in which the respondent herein as plaintiff, took a Writ of Summons against the present appellant who were the defendants thereat. The respondents/plaintiffs also attached to the Writ, a fourteen paragraph original statement of claim dated 14/5/1984 wherein they jointly and severally claimed the underlisted reliefs against the defendants (now appellants). The reliefs sought are as follows:-

"(i) N10,000.00 general damages for trespass on the said land verged green in the plaintiffs, plan No.MEC/1609/84.

(ii) A declaration that the plaintiffs are entitled to a customary right of occupancy over that parcel of land verged pink in the said Survey plan No.MEC/1609/84.

(iii) A declaration that the plaintiffs are entitled to a customary right of occupancy over that area …

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