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REV. JOHN IROAGANACHI v. MR. OKECHUKWU MADUBUKO & ANOR

(2016) JELR 37174 (CA)

Court of Appeal  •  CA/PH/270/2006  •  26 Feb 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

ITA GEORGE?MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abia State High Court in Suit No.HU/98/98, delivered by Hon. Justice K. 0. Amah wherein the learned trial Judge, on 23/3/2006, granted all the prayers of the Plaintiff (including the totality of the special and general damages), claimed and dismissed the Counter-Claim by the Defendants. Appellants were the Defendants at the Lower Court and had filed this appeal, being dissatisfied with the judgment.

At the Lower Court, the Respondent (as Plaintiff) had claimed for:

"(a) Five Hundred Thousand Naira (N500,000,00), being special and general damages for the Defendants' acts of trespassing into the Plaintiff's land known as and called "UZO OGBODI" land situate at AMACHARA UMUOPARA,UMUAHIA SOUTH within the jurisdiction of the Honourable Court, in March/April 1998.

"(b) Injunction, permanently restraining the Defendants, their agents, servants and/or workman from further trespass into the said …

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