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CHRISTOPHER IROEGBU V. ALPHONSUS ABAZIE

(2017) JELR 37941 (CA)

Court of Appeal  •  CA/OW/144/2012  •  7 Jul 2017  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
C.N. NWOKORIE, ESQ. For Appellant A.O. UGWA, ESQ. For Respondent

Judgement

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): Appellant filed this appeal against the decision of the Abia State High Court, in suit No:HU/9/2010, delivered on 2/2/2011 by Hon. Justice C.C. Jones Udeogu, wherein the learned trial Court dismissed the claim of the plaintiff (now Appellant) in its entirety.

The claims before the trial Court were for:

(a) A declaration that the Claimant is entitled to the certificate of occupancy in respect of a piece or parcel of land known as and called Plot 50 in Aguiyi Ironsi Layout in Umuahia North Local Government Area, Abia State within the jurisdiction of the Court with an annual rental value of N10.00.

(b) The sum of three Million Naira (N3,000.000.00) being special and general damages for trespass to the said piece or parcel of land.

(c) An injunction permanently restraining the Defendant his servants, agents and workmen from entering the land in dispute or interfering with it in any other manner whatsoever.

(page 2 of the Records of App…

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