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ISAAC JITTE & ANOR v. DICKSON OKPULOR

(2015) JELR 36710 (SC)

Supreme Court  •  SC.295/2005  •  11 Dec 2015  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; CLARA BATA OGUNBIYI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Port Harcourt Division, delivered on the 11th day of November, 2004 wherein the judgment of the Customary Court of Appeal, Abia State delivered on 1st day of November 2000, was set aside and the judgment of trial Customary Court of Appeal Ukwa was upheld. The three Courts below shall be referred to as the court below, "Customary Court" of Appeal" and "the court of first instance" respectively in the course of this judgment.

At the Court of first instance, the Respondent herein as plaintiff sought for the following reliefs.

"(1). A declaration that the plaintiff is entitled to the Customary Right of Occupancy over the piece or parcel of land known as and called "Agbaraukwu land" situate at Umuelechi Obuzor Asa, Ukwa Local?Government Area within the jurisdiction of this honourable court".

(2). One Thousand Naira damages for trespass

(3). Perpetual injunction restraining t…

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