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MRS. NGOZI MBAKWE v. IFEANYI BONIFACE ESIONE

(2016) JELR 36784 (CA)

Court of Appeal  •  CA/E/233/2010  •  24 Mar 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 29/3/2004, the respondent herein, as plaintiff, filed a claim and caused a writ of summons to issue same day commencing Suit No. O/62/2004 against the appellant herein, as defendant in the High Court of Anambra State sitting at Onitsha. The plaintiff claimed for the following reliefs:

"1. Declaration that the plaintiff is the person entitled to the use and occupation of Market Stall No. OSLG/MH/100 ? 1st floor (double stall) situate at Bridge Head Market, Onitsha.

2. Injunction restraining the defendant either by himself or by his privies or agents or servants from disturbing the plaintiff's right to possess and use the said market stall.

3. N30,000,00 being the value of the iron door removed by the defendant.

4. N1,000,000.00 damages against the defendant for disturbing the plaintiff's right to occupy and use the said market stall."

The pleadings upon which the case was tried and determined were as follows - Amended stateā€¦

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