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FUGBARA JOHN & ORS v. SIR UCHE AMAECHI & ORS

(2016) JELR 36769 (CA)

Court of Appeal  •  CA/OW/4/2014  •  11 Jul 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Abia State High Court contained in the judgment of Honourable Justice K. O. Wosu delivered in Suit No. HU/21/2011 on the 25th day of September, 2013.

The 1st set of Respondents as claimants in the Lower Court had by their Writ of Summons issued out of the said Court on 25th February 2011 claimed against the Appellants and the 2nd set of Respondents the following reliefs:

?1. A declaration that the Claimants are entitled to the right of occupancy of a piece or parcel of land situate and lying in an area of land traditionally known as and called ?Ovoro Umuofoukwu? in Umuofoukwu Dikenta Ekenobizi Umuopra in Umuahia South L.G.A. Abia State Nigeria within the jurisdiction of the Court with an annual rental value of N10.00.

2. The sum of N450,000.00 (Four Hundred and Fifty Thousand Naira) being damages for trespass into the aforesaid piece or parcel of land in the possession and occupation o…

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