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MOJEED ADEKUNLE OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal of Imo State delivered on 2nd day of June, 2011, in Appeal No. CCA/OW/A/15/2010. By a writ of summons dated 11th day of March, 2004 and filed on the same day, the Respondent, as plaintiff instituted Suit No. CC/EZ/IK/15/2004 at the Ikeduru Customary Court, Eziama against the Appellant, as Defendant claiming as follows;
(1) Declaration of the Honourable Court that plaintiff is entitled to customary Right of Occupancy to all that piece or parcel of land called "ALA UMU OHAKWE" which situate at Umualum Obilokwu Umuehihie Uzoagba, within jurisdiction.
(2) N10, 000.00 General Damages for trespass into the aforesaid land in that the defendant wrongfully cleared part of the aforesaid land and started erecting a wall fence there, day and night from the 2nd week of March, 2004.
(3) Perpetual Injunction restraining the defendant by himself, his privies, agents…