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CHIEF NLEMCHUKWU NWANOSIKE & ANOR v. CYRIL UDENZE & ANOR

(2016) JELR 36890 (CA)

Court of Appeal  •  CA/PH/69/2009  •  22 Apr 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision of IMO STATE HIGH COURT MGBIDI JUDICIAL DIVISION contained in the judgment of HON. JUSTICE F. I. DUROHA-IGWE delivered on the 7th day of March, 2008.

The Appellants who were the Claimants in Suit HOU/53/96: CHIEF NLEMCHUKWU NWANOSIKE and ANOR. V. PRINCE CYRIL UDENZE and ANOR by their Writ of Summons issued by the said Court on the 18th day of September, 1996 claimed against the Defendants now Respondents as follows:

"A. A declaration that the Plaintiffs are entitled to the Statutory Right of Occupancy over the piece or parcel of land verged green in Plan No. TOP/IMD/02/97 dated 14th October, 1996 and lying and situate along Igwegbe Street, Ugbele Mgbidi in Oru West Local Government Area Imo State.

B. One Million Naira (N1,000,000.00) damages for trespass on the Plaintiff'??s (sic) land from December, 1990 to September, 1996.

C. Perpetual Injunction restraining the Defendants by themselves, theiā€¦

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