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AUGUSTINE AKPALAUKWU NJEMANZE V. JOHN SHIMOBI NJEMANZE

(2013) JELR 36110 (SC)

Supreme Court  •  SC.294/2005  •  1 Feb 2013  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISIOPHER MITCHEL CHUKWUMA-ENEH JSC; SULEIMAN GALADIMA JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC;

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): In the High Court of Imo State holden at Owerri, the Respondent was the Plaintiff. He claimed against the Appellant, then as Defendant the following reliefs:-

"(a) A declaration that the Plaintiff is entitled to the grant of statutory Certificate of Occupancy of that piece or parcel of land known as and called "AKWA OSA" situate at No. 41 Erekwerenwa Street Owerri within the jurisdiction of the Honourable Court and verged Red in the Plaintiff's Survey Plan GIK/IM021/96 filed with the Statement of Claim with an annual value of 20, (Twenty Naira).

(b) N1, 000,000.00 (One Million Naira) being general damages.

(c) INJUNCTION restraining the Defendant, his servants, agents, workers or privies from further trespass to the said land."

After due consideration of the case presented by the parties, the learned trial judge found for the Plaintiff and held that the land in dispute is not family property.

The Defendant was dissatisfied w…

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