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MR. KENECHUKWU JOSEPH NWACHUKWU v. AWKA MICRO-FINANCE BANK LTD

(2016) JELR 41813 (CA)

Court of Appeal  •  CA/E/337/2007  •  15 Jul 2016  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision of the Anambra State High Court of Justice, holden at Awka, which was delivered on 19th January, 2007. The appellant was the plaintiff at the aforementioned High Court, the Court below, for short. He had claimed:

(a) N5,000,000 (Five Million Naira) being general damages for trespass on his land and

(b) Perpetual injunction restraining the defendant, its servants, agents or privies from any further trespass on his land.

Pleadings were filed and exchanged between the parties. The respondent counter-claimed against the appellant and prayed for:

a. A declaration that the defendant is the person entitled to the statutory right of occupancy over the piece or portion of land verged Red in the plaintiffs Survey Plan No. SSC/AN-D 10/2005.

b. Perpetual injunction restraining the plaintiff, his agents, servants and privies from further trespass on the defendants land.

The appellant had claimed that he inher…

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