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CHIEF CHRISTOPHER I. MONKOM & ORS v. AUGUSTINE ODILI

(2009) JELR 47409 (CA)

Court of Appeal  •  CA/C/140/2006  •  16 Jun 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JAFARU MIKA'ILU JCA; JEAN OMOKRI JCA;

Judgement

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of O. I. Itam, J of the High Court of Cross River State sitting at Ogoja in Suit No: HJ/55/2007 delivered on 15/3/2006.

The respondent, as plaintiff instituted proceedings against the appellants, who were the defendants at the trial court, claiming:-

1. Declaration that the Plaintiff being a Nigerian citizen is free to acquire and own property any where in Nigeria including Ogoja, and that Defendants efforts in preventing or attempting to prevent Plaintiff from acquiring No. 42 Mission Road, Igoli - Ogoja covered by certificate of occupancy No. OG389/91 dated the 15th day of December, 1991 is unlawful, illegal, null and void.

2. N10,000,000.00 (Ten Million Naira) being Special, Aggravated and general damages for trespass on the 4th day of June 2001, 12th day of June 2001 and continuing on the piece and parcel of land aforesaid which is in lawful and peaceable possession of the Plaintiff.

3. A…

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