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BERNARD NWANA & ANOR v. ANTHONY EMEFEROM OKOYEOCHA & ORS

(2016) JELR 36767 (CA)

Court of Appeal  •  CA/E/50/2007  •  25 Apr 2016  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 11-10-2001, the respondents herein as plaintiffs filed a claim and caused a writ of summons to issue on the same date against the appellants herein as defendants commencing suit No A/234/2001 in the High Court of Anambra State at Awka.

The plaintiffs claimed for the following reliefs:

"1. Declaration of Court that the plaintiffs are the persons entitled to the statutory right of occupancy over the piece or portion of land called "ana ngam/apiti" Okoyeocha situate at Umueze village, Amawbia town in Awka South Local Government Area of Anambra State, which is more particularly described and delineated in the plaintiffs' plan No. SSC/AN/D/03/2002.

2. The sum of N500,000.00 damages for trespass on the land aforesaid.

3. Court's order of perpetual injunction restraining the defendants, agents, and/or servants from further trespass on the land aforesaid."

The suit was tried on the basis of the following pleadings- the plaintiffs'…

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