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CHRISTOPHER C. OBIASO & ORS V. ISAAC C. O. OKOYE & ANOR

(1989) JELR 42847 (CA)

Court of Appeal  •  CA/E/193/84  •  15 Jun 1989  •  Nigeria

Coram
WALLACE RONALD TISLINGTON MACAULAY JCA; GEORGE ADESOLA OGUNTADE JCA; SAMSON ODEMWINGIE UWAIFO JCA;

Appearances
G. E. Ezeuko, Esq. For Appellant C. O. Akpamgbo, Esq., S.A.N. (with him, Miss I. C. Nwajagu and Miss M. O. Oni) For Respondent

Judgement

UWAIFO, J .C.A. (Delivering the Leading Judgment): This action was filed at the Onitsha High Court on 19th march, 1976. The statement of claim was filed on 19th July, 1976 and the statement of defence on 29th November, 1976. On 25th January,1977, the statement of claim was amended and consequently the statement of defence was amended on 14th March, 1977. Five reliefs were sought altogether as follows:

"(i) Declaration of title to all that piece or parcel of land known as and called 'ANA ABOGWUGWU' situate at Okpuno Aboji Village, Oba within jurisdiction and the annual value of which is about N40.00.

(ii) An order of Court for the 1st and 2nd defendants to accept the redemption fee paid by them to the plaintiffs' family in 1968 in respect of the portions of the said land more particularly and accurately delineated on the plaintiffs' survey plan to be filed to Court.

(iii) Possession of the said portions of land pledged as aforesaid.

(iv) N400.00 general damages for trespass and wanton …

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