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ALL WELL NWAMAGHINNA v. HON. EZEKIEL IWELA

(2018) JELR 41993 (CA)

Court of Appeal  •  CA/PH/41/2013  •  27 Jun 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): The Respondent herein, as Plaintiff instituted an action against the Appellant, as defendant, at the Rivers State High Court, Oyijbo Judicial Division, presided over by J. M. Kobani, J, (Now referred to as The Trial Court and The Learned Trial Judge, respectively, claiming as follows:

a. Special Damages:

(i) Loss of use of the land (10 Plots) from 1993 Dec. 2000 (7 Years) at N100,000.00 per year =N800,000.00

(ii) Payment to Police (14/5/2008) =N200,000.00

(iii) Cost of Defence at Ngwalhiekwe Juju Shrine =N50,000.00

(iv) Charter f. vehicle to ad from Ngwalhiekwe Juju Shrine (No receipt) =N20,000.00 General Damages =N8,930,000.00 Total =N10,000,000.00.

b. Perpetual injunction against the Defendant from committing similar or further acts of trespass on the said land.

The Respondent could not serve the originating processes on the Appellant. A similar suit had been taken out by the Respondent in Suit No. OYHC/32/2008 which was st…

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