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EKWUTOSI MENKITI v. CLARA MENKITI

(2000) JELR 43986 (CA)

Court of Appeal  •  CA/E/58/91  •  10 Feb 2000  •  Nigeria

Coram
NIKI TOBI JCA; JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

FABIYI, J.C.A.: (Delivering the Leading Judgment): The case which precipitated this further appeal to this Court initially commenced at Onitsha Customary Court in 1981 as Suit No. CCON/10/81, Ozomma C.N. Menkiti, the original Plaintiff, sued the Appellant as sole Defendant. Paragraph 10 of the plaintiff's claim at the Trial Customary Court reads thus:-

Wherefore the plaintiff claims against the defendant as follows:-

(1) A Declaration of title to a Customary Right of Occupancy and possession of a piece or parcel of land belonging to the Plaintiff and which land is located at 'Ani Ozala', Umezearoli, Onitsha.

(1) N500.00 (Five Hundred Naira) damages for Trespass committed by the Defendant on 'Ani Ozala'.

(3) Injunction, restraining the Defendant, her agents, servants, privies, or any person or persons claiming through the Defendant from further committing any act of trespass whatsoever on the plaintiff's said land at 'Ani Ozala'.

It can be seen at page 11, lines 27-29 of the record o…

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