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PAUL NWOHANMUO IHEKORONYE v. NWAIWU HART & ANOR

(2000) JELR 44204 (CA)

Court of Appeal  •  CA/PH/229/96  •  4 May 2000  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MICHAEL EYARUOMA AKPIROROH JCA; JOHN ABOYI IKONGBEH JCA;

Judgement

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Abia State holden at Isiala Ngwa Judicial Division delivered by Isuama J., on the 5th day of July, 1996 in suit, No.HIN/32/93. The appellant herein took a writ of summons against the respondents herein and claimed as follows:

"Wherefore the plaintiff is damnified" and claims against the defendants jointly and severally as follows:-

(1) One thousand naira (N1,000.00) being special damages for defendants' destruction and damage to plaintiff's land called "Mgbara Apiti" land which is situate and lying at Umueze Ihieorji Ngwa Ukwu in the Isiala Ngwa North Local Government Area of Abia State, within jurisdiction.

(ii) Six thousand Naira N6,000.00 being general damages for defendants' unauthorised entry and trespass to the said "Mgbara Apiti" land without the leave or licence of the plaintiff.

(iii) Three thousand (N3,000.00) being examplary damages for defendants' trespass into …

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