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ASIMOLE NMANUMEIHE v. JOHN SHIMOBI NJEMANZE

(2016) JELR 41113 (CA)

Court of Appeal  •  CA/OW/318/2012  •  18 Mar 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State, delivered on 30/03/12 by Hon. Justice P. O. Nnadi, as he then was, now Hon. Chief Judge of Imo State, in Suit No. HOW/4/82 and HOW/211/82 (consolidated), where-of his Lordship dismissed the Plaintiff?s action.

In Suit No. HOW/4/82, the Respondent (who was Plaintiff therein) sued the Defendant on 13/1/1982, seeking:

1) ?A declaration that the Plaintiff is entitled to a statutory Right of Occupancy of a piece or parcel of land situate at No. 6 Iheanacho Street, Amawon, Owerri, an urban town in Imo State, annual value N10.00 (Ten Naira) in Owerri Judicial Division

2) N500.00 (Five Hundred Naira) damages for trespass in that on or about the 4th day of January, 1982, the Defendant by himself and/or agents or servants on his behalf broke and entered the said land destroying the fence, clearing and cutting down Plaintiff?s vegetables and crops on the said land, dug …

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