DONATUS NEBO V. GIAUS OKWELUM E AND 3 ORS.
(2008) JELR 51289 (CA)
Court of Appeal
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CA/E/24/2008
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18 Dec 2008
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Nigeria
Coram
AMIRU SANUSI JCA (Presided) STANLEY SHENKO ALAGOA JCA SIDI DAUDA BAGE JCA (Read the Lead Judgment)
Appearances
Helen N. Obianwu Esq. - for the Appellant.
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Okongwu J. N. Esq. - for the Respondents.
Judgement
<p><strong> BAGE JCA (Delivering the Lead Judgment): </strong> This is an appeal againstthe judgment of High Court of Justice, Anambra State (the lower court for short) in suit No. 0/365/82 delivered at Awka on 19 July 2007. The respondent herein as plaintiff, took a writ of summons at the lower court against the four appellants as defendants claiming the undermentioned reliefs.</p><p>A declaration that the plaintiff is the lawful and true occupier/ allottee of the market stall No. Q3/4 Onitsha Main Market.</p><p>N20,000.00 (twenty thousand naira) damages being special and general damages for trespass.</p><p>Perpetual injunction restraining the defendants, their servants , privies and agents from further trespass or interference with the plaintiff’s lawful use and occupation of the stall No. Q3/4 Main Market Onitsha.</p><p>N10,000 (ten thousand naira) general damages for unlawful and malicious arrest and unlawful detention or imprisonment against the will of the plaintiff.</p><p>Upon being served with the writ of summons and statement of …</p>