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CHIEF CYRIACUS OBIANGWU v. CHIEF JOHN NWOSU & ORS

(2015) JELR 41210 (CA)

Court of Appeal  •  CA/OW/131/2011  •  23 Nov 2015  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): In the Customary Court of Orlu Local Government Area of Imo State Holden at Ihuoma, Judgment was delivered on the 3rd of February, 2009 in Suit No. CC/OU/48/98 in favour of the Plaintiffs/Appellants who claimed against the Defendants/Respondents the following:

(a) A Declaration for the Honourable Court that the Plaintiffs are entitled to Customary Right of Occupancy covering the piece or parcel of land known as and called ALA NTUNAJI situate as Umudibie Ebenese Ihuoma Town within Jurisdiction.

(b) N2,000.00 (Two-Thousand Naira) as special and general damages for trespass.

(c) AN Order of Perpetual injunction restraining the Defendants by themselves, their servants, workmen, agents and privies from further trespassing on the said ??ALA NTUNAJI Land.

The matter was fully heard by the trial Customary Court with both sides calling witnesses in support of their respective cases. At the conclusion of trial the trial Customary C…

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