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LINUS NWAJAGU & ORS V. FRANCIS OKOLI & ORS

(2014) JELR 36648 (CA)

Court of Appeal  •  CA/E/298/2012  •  31 Mar 2014  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): By a writ of summons dated 12-10- 10 and filed same day, the respondents herein, as plaintiffs commenced suit No. AG/89/2000 in the High Court of Anambra State at Aguata against the appellants herein as defendants jointly and severally for:

a. A declaration of court that the plaintiffs are the owners of all the piece or parcel of land known as and called Okpulo Ndikpa situate at Ndikpa village Umunze.

b. An order of court setting aside and nullifying any purported sale (s) of the plaintiffs land to the 4th and 5th defendants by the 1st, 2nd and 3rd defendants as same was void ab initio.

c. N100,000.00 (One Hundred Million Naira) being special and general damages for trespass, the special damages having been pleaded in paragraph 23 of the statement of claim.

d. An order of perpetual injunction restraining the defendants, their agents, privies, heirs, successors and workmen from further trespass into the plaintiffs' land wi…

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