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DR. THOMPSON NDUBUISI OBAREZI V. CHIEF. OSITA ILOZOR & ANOR

(2010) JELR 33662 (CA)

Court of Appeal  •  CA/C/82/05  •  4 Mar 2010  •  Nigeria

Coram
JAFARU MIKA'ILU JCA; NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA;

Judgement

NWALI SYLVESTER NGWUTA J.C.A (Delivering the Leading judgment): In the High Court of Cross River State, Obubra Judicial Division the plaintiff, now Respondent, claimed against the defendants now appellants jointly and severally as follows:

1. A declaration that the plaintiff is the owner of all the motor vehicle with registration number Cross River AA606 KTA end entitled to its possession and use.

2. A declaration that the seizure detention and use of the said vehicle by the defendants is illegal and an infringement of the plaintiff's proprietary rights

3. N1,050.000.00 (one million, fifty thousand Naira) being special damages

4. N1,000.000.00 being general damages for define.

See page 5(A) of the records.

The 2nd Defendant's name was struck out based on his counsel's preliminary objection in the trial court. The plaintiff's appeal to the court was allowed and the name of the 2nd defendant restored.

The trial commenced and proceeded to conclusion. It its judgment the trial court held…

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