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BARNABAS NWADIARO & ORS v. THE PRESIDENT AND MEMBERS OF CUSTOMARY COURT OSSOMALA

(2016) JELR 36791 (CA)

Court of Appeal  •  CA/E/294/2012  •  27 May 2016  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 21-8-2000, the Ossomala Customary Court at Ossomala, Anambra delivered judgment in suit No. CCOS/22/98 in favour of the 2nd set of respondents herein as plaintiffs against the appellants herein as defendants in the following terms-

"1. It is abundantly clear that the part and parcel of land called Ani-Ufu belongs to Umunzerobi family in Ogwu Aniocha.

2. The Court therefore ordered perpetual injunction restricting the defendants Umu Onwuka Edimmili family of Umunkwocha village of Oguta, their agents, servants from committing further acts of trespass in any manner whatsoever without the express permission from the plaintiffs.

3. The Court has therefore ordered the defendants to pay a fine of (N1,000.00) to the plaintiffs.

4. A fine of (2000.00) is hereby imposed on the defendants by the Court as Court fine.

5. The Court finally stresses that any of the parties that is not satisfied with this judgment is free to appeal to any…

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