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EPHRAIM EZE NWUKWA & ORS v. GIBSON AGUNTA

(2018) JELR 38442 (CA)

Court of Appeal  •  CA/E/286/2010  •  13 Jul 2018  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Enugu State, delivered by Hon. Justice P.I. Enejere on 12/06/2008 wherein the learned trial judge entered judgment for the Respondent.

The Respondent as Plaintiff in Suit No. HOR/459/93 and HOR/460/93 which were consolidated by the lower Court sued the Appellants and claimed in his further amended statement of claim as follows:

a) A declaration that the Plaintiff is entitled to statutory Right of occupancy to the piece or parcel of land known as and called Ani Umuomanuba Abgalaenyi Nachi more particularly delineated and verged PINK in plan No. BOCO96/LD03/EN of 6th June, 1996 with an annual rental value of N100.00 (One Hundred naira) situate at Agbalaenyi Nachi, Oji River.

b) N500,000.00 (Five Hundred Thousand Naira) damages for trespass.

c) An injunction restraining the defendants, their heirs, servants, agents and privies from further trespassing int…

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