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MISS ESTHER KALU KORIE V. MRS. GOODNESS IFENKWE

(2018) JELR 38749 (CA)

Court of Appeal  •  CA/OW/332/2014  •  12 Jul 2018  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Appearances
IKECHUKWU IIOANI, ESQ. For Appellant K.O. OSUAGWU, ESQ. For Respondent

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court in Suit No. HU/70/2012, delivered on 15/4/2014, by HON. JUSTICE L. ABAI, wherein the trial Court dismissed the case of the plaintiff (now Appellant).

At the lower Court plaintiff had sought:

1) A declaration that the claimants (they were two then) are the beneficial owners of all that piece and/or parcel of land known as and called Plot No. UM/R/78 DK/AO, lying and situate at AgbamaOlokoro, World Bank Housing Estate, Umuahia, covered by Statutory Right of Occupancy dated 26/9/2006, registered as No. 82, Page 82, Volume 89 of the Lands Registry Umuahia.

2) A declaration that the forceful and trespass by defendant into the claimants (said) land by laying foundation on the said land, without the consent of and authorization of the Claimant is wrongful and unconstitutional.

3) N500,000.00 (Five Hundred Thousand Naira) being general and exemplary damages against the Defendan…

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