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MRS. ROSE MUOFUNANYA v. OLISA NWADIOGBU

(2013) JELR 35633 (CA)

Court of Appeal  •  CA/E/17M/2009  •  17 Jul 2013  •  Nigeria

Coram
ABUBAKAR JEGA ABDULKADIR JCA; ISAIAH OLUFEMI AKEJU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement
<p>ABUBAKAR JEGA ABDULKADIR, J.C.A. (Delivering the leading : ): This is an appeal against the interim judgment of the High Court of Anambra State holden at Onitsha delivered on the 7th day of November 2000 by late Honourable Justice Ernest Egbuna in Suit No. 0/37/98.</p><p> The plaintiff at the lower court, (now respondent in this appeal) by a writ of summons dated 2nd February, 1998 instituted the instant suit against the defendant (now appellant in this appeal). In his 13 paragraph Statement of Claim dated 14/6/99 and filed on 15/6/99, the plaintiff/respondent claimed against the defendant/appellant as follows:</p><p> "Perpetual Injunction restraining the defendant whether by himself or through his agents or privies or in any manner whatsoever from entering or remaining or trespassing on the land in dispute.</p><p> (ii) N2,000,000.00 (Two Million Naira) damages for trespass.</p><p> A Motion on Notice pursuant to Order 9 rule 42 (2) H.C.R. 1988 was brought under the inherent jurisdiction of the court by theā€¦</p>

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