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MR. KENNETH EGWU NDUKWE v. MR. MOSES UCHENNA EKUMA & ANOR

(2018) JELR 33051 (CA)

Court of Appeal  •  CA/E/44/2012  •  14 Feb 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State sitting at Afikpo delivered on 26/10/2011. In the suit giving rise to the appeal, the respondents as plaintiffs alleged that the Defendant (now appellant) trespassed on their land which they inherited and thus claimed the following reliefs:

a. A declaration that the 1st plaintiff is the owner in possession and entitled to customary right of occupancy over all that piece of land known as and called Ali AzuUloekwoo (land behind Community Primary School Ozizza) measuring 1.44 Hectares as shown in survey plan No..date.

b. The sum of N10, 000, 000.00 (Ten Million Naira) being special and general damages for the defendants trespass on the said land since April 2009.

c. Perpetual injunction restraining the defendant either by himself, his agents, privies, sponsors or any other person whatsoever from further trespass to the said land except with the permission…

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