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CHIEF MONDAY IBELEME & ANOR v. MR. BOB UWAMACHA

(2014) JELR 36153 (CA)

Court of Appeal  •  CA/OW/327/2012  •  20 Nov 2014  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK O. OHO JCA;

Judgement

FREDERICK O. OHO, J.C.A. (Delivering the Leading Judgment): On the 8th day of June, 2009, Chief Monday Ibeleme, the 1st Appellant herein and Mr. Obioha Jacob, the 2nd Appellant, representing the Ikpo Aya Family of Umunkaruba Amizi Olokoro in Umuahia South local Government Area of Abia State filed Suit No. HU/160/2009 against the Respondent herein as Defendant claiming at paragraph 24 of their "Joint statement of claim", the following:

1. A Declaration of this Honourable Court that the Plaintiffs' Family is entitled to the statutory right of occupancy over the land in dispute.

2. Perpetual injunction restraining the Defendant, his agents or workmen from trespassing into the land.

3. Two Million Naira (N2,000,000.00) as General damages and trespass.

Upon service of the court's processes, the Defendant entered appearance through counsel on the 22-6-2009. The Defendant's Statement of Defense of 17 paragraphs, is dated the 16-11-2009. At the hearing of the matter before the lower court, th…

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