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ADIBE IGBOJIONU & ORS v. NWACHUKWU UKO & ORS

(2018) JELR 38615 (CA)

Court of Appeal  •  CA/OW/301/2013  •  26 Oct 2018  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA 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. HUZ/8/2007, delivered on 17/2/2011 by Hon. Justice J.E. Adiele, wherein the learned trial Judge held for the Plaintiff, awarding him title to the lands in dispute, damages and injunction. Appellants herein were the Defendants at the Lower Court.

At the trial Court, the Plaintiffs (now Respondents) had claimed as follows:

(1) A Declaration that the Plaintiffs are entitled to statutory or Customary rights of occupancy of the following pieces of land:

(i) Uhuochie Amaoghoro

(ii) Ala-Uhu Amaoghoro

(iii) Mpirim

(iv) Dibia Okai

(v) Korokoro

(vi) Nchi

(vii) Aboh Uhuochie

(viii) Iyiochaelu

(ix) Iyi-Una

(x) Ala Enne

all in Akoli Imenyi within the jurisdiction of this Court.

(2) TEN MILLION NAIRA being general damages for trespass.

(3) Perpetual injunction restraining the Defendants, their servants, agents, privies and representatives from further acts of trespass.

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