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TIMOTHY IKEZUAGU V. NNAMDI OKONTA

(2017) JELR 37780 (CA)

Court of Appeal  •  CA/E/194/2012  •  10 Mar 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State delivered by Hon. Justice A.O. Okuma on 19/12/2012. The Appellant as plaintiff sued the defendant at the High Court via a statement of claim dated 16/2/2009 and claimed the following reliefs:

a. An injunction restraining the defendant, his agents and privies from further act of trespass into the land in dispute subject matter of this suit.

b. The sum of One Hundred and Thirty Thousand Naira (N130,000.00) special damages being the cost of the plaintiff's crops and blocks destroyed by the defendant.

c. The sum of One Hundred Thousand Naira (N100, 000.00) general damages.

At the close of pleadings, the plaintiff amended his statement of claim with an additional relief as follows:

"A declaration that the plaintiff is the person entitled to the statutory right of occupancy of the piece or parcel of land in dispute, subject matter of this suit known as a…

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