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INNOCENT ICHITA & ANOR v. MAURICE ICHITA

(2017) JELR 38210 (CA)

Court of Appeal  •  CA/OW/104/2012  •  30 Mar 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court in Suit No. A/77/2005, delivered on 14/7/2011 by Hon. Justice C.C. Jones Udeogu, who entered judgment for the Plaintiff (now Respondent) declaring him to be entitled to the Statutory Right of occupancy of the property, the subject matter of the Suit, and awarding general damages of N5,000,000.00 (Five Million Naira) to the Plaintiff against the Defendants (now Appellants).

At the trial Court, the Respondent had claimed for:

(a) Declaration that Plaintiff is entitled to the Certificate of Occupancy over the said piece or parcel of land known as and called Ala Odo measuring approximately 431.065 square metres, situate at Umuokpoji, Aba within Jurisdiction, and registered as 24/24/725 in the office at Ministry of Lands, Umuahia.

(b) N200,000,000.00 (Two Hundred Million Naira) Damages for Defendants said acts of trespass, and

(c) Perpetual Injunction, restraining the Defend…

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