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GENERAL COTTON MILL LIMITED v. TRAVELLERS PALACE HOTEL LIMITED

(2006) JELR 42416 (CA)

Court of Appeal  •  CA/E/19/2003  •  16 Mar 2006  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; SULEIMAN GALADIMA JCA; JIMI OLUKAYODE BADA JCA;

Judgement

ROWLAND, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Nwofor, J. of the High Court of Justice Onitsha Judicial Division sitting in Onitsha.

The judgment was delivered on the 25th day of February 1997. The present respondent was the plaintiff in the court below.

The present appellant was the defendant at the court below. The plaintiff at the High Court had sought for the following per its claim:

(a) A declaration that the plaintiff is the holder of statutory Right of Occupancy in respect of that piece and parcel of land described and more particularly delineated in the survey plan No. AO(A) 336 attached to the said certificate and thereon bordered or verged red and situate and lying between plots 16 and 18 Ridge Road, GRA Onitsha, duly registered at No. 47 at page 47 in Volume 1337 of the land Registry in its office at Enugu.

(b) N500,000.00 (five hundred thousand Naira) damages for trespass.

(c) Perpetual injunction restraining the defendant, i…

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