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H.R.H. CHIEF F.C.B. ISAMADE V. CHIEF J. U. OKEI & ORS.

(1998) JELR 36859 (CA)

Court of Appeal  •  CA/E/170/96  •  15 Jan 1998  •  Nigeria

Coram
ISA AYO SALAMI JCA; NIKI TOBI JCA; EUGENE CHUKWUEMEKA UBAEZONU JCA;

Judgement

SALAMI, J.C.A (Delivering the Leading, Judgment): The respondents caused a writ of summons to be issued claiming as follows:

"(a) Declaration that the plaintiffs are exclusively entitled to the customary right of occupancy relating to or in respect of Block 67 ID. Iyiowa Layout Odekpe, Ogbaru Local Government Area of Anambra State.

(b) N1, 000.000.00 (One million naira) damages for trespass.

(c) Perpetual Injunction restraining the defendants, his servants, agents and privies or in whatever combination from entering or remaining or in whatever manner, interfering with the plaintiffs' right of occupancy to the aforesaid Block 67 ID, Iyiowa Layout, Odekpe, Ogbaru Local Government Area."

The respondent's application for the writ of summons dated 22nd December was filed on 28th December, 1994. On the very day the writ or summons was applied for and before pleadings were ordered the respondents, by motion on notice supported by affidavit, applied in the following terms-

"restraining the d…

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