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CHIEF JOHAN IKALAMA & ORS. V. MR. VELVET EDWARD & OS.

(2011) JELR 34662 (CA)

Court of Appeal  •  CA/PH/201/2007 (Consolidated)  •  29 Jun 2011  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; EJEMBI EKO JCA; TUNDE O. AWOTOYE JCA;

Appearances
A. Akpomudje (SAN);J. C. Onuoha For Appellant F.C. Ofodile {SAN);B.C. Ugwu andT. Asoban For Respondent

Judgement

TUNDE O. AWOTOYE, J.C.A (Delivering the Leading Judgment): This is the judgment in respect of the ruling of Kobani J., of High Court of Rivers State delivered on 12/2/2007.

The plaintiff's claims against the defendants at the court below are as follows;

"WHEREFORE the plaintiffs institute these proceedings and claim as follows, that is to say:-

1. A declaration of statutory right of occupancy to the piece or parcel of land known as ELIOKIA as depicted and shown on survey plan No. CTH.66(L/D) prepared by Mr. C.T. Horsfall, Licenses Survey. Iyima and situate in Abuloma Okirika Clan in the Port Harcourt Local Government Area of the Rivers State of Nigeria within the jurisdiction of this Honourable Court.

2. The sum of N500,000.00 (Five hundred thousand Naira) being damages for trespass committed by the 1st set of defendants in January, 1985 on the said piece of parcel of land in possession of the plaintiffs.

3. Perpetual injunction restraining the defendants by themselves, their privies…

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