judy.legal
Login Register

COSMAS EZUKWU v. PETER UKACHUKWU & ANOR

(1999) JELR 42579 (CA)

Court of Appeal  •  CA/PH/269/96  •  29 Nov 1999  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SYLVANUS ADIEWERE NSOFOR JCA; MICHAEL EYARUOMA AKPIROROH JCA;

Judgement

NSOFOR, J.C.A. (Delivering the Leading Judgment): By their writ of summons in suit No. HOG/17/84 filed in the High Court of Imo State of the Oguta Judicial Division holden in Oguta on the 25/7/84 the original plaintiffs named on record had claimed against the original defendant named on record the following reliefs as endorsed on the writ and repeated in paragraph 17 of the Further Amended Statement of Claim to wit:-

"1. A declaration that the plaintiffs were entitled to the Customary Right of Occupancy to a piece or parcel of land known as and called 'ALA OGBUTU' situated in Ohaji/Egbema/Oguta Local Government Area within the Oguta Judicial Division with an annual value of N10.00.

2. N20,000.00 (Twenty Thousand Naira) being general damages for trespass.

3. Perpetual injunction restraining the defendant, his servants or agents from entering the said land."

The action was being prosecuted by the plaintiffs in a representative capacity which was subsequently amended on an application t…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login