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CHIEF MICHAEL OBIDI v. MRS. CHINEDU & ORS

(2017) JELR 41922 (CA)

Court of Appeal  •  CA/E/251/2010  •  31 Mar 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): The suit, the subject matter of this Appeal was instituted by Writ of summon dated 18th January, 2006 (page 6 of the Record of Appeal).

In paragraph 11 of the statement of claim dated 11th May 2006, the plaintiff claim against the Defendants jointly and severally the following,

"1. DECLARATION THAT THE PLAINTIFF IS THE OWNER AND THE PERSON ENTITLED OR DEEMED TO BE ENTITLED TO THE STATUTORY RIGHT OF OCCUPANCY IN RESPECT OF ALL THAT PIECE AND OR PARCEL OF LAND SITUATE AND/OR LOCATED AT IRUOGBOO DUSOGU VILLAGE, AWKUZU OYI LOCAL GOVERNMENT AREA OF ANAMBRA STATE WHICH LAND IS MERE PRECISELY CLOSE TO AMAIGBON AND PARTICULARLY BEHIND UDEMMES HOUSE AND MEASURING 786.360 AREA SQUAZE METRES AND COVERED BY SURVEY PLAN NO. OTO/AM/LD/01/2006.

2. N1,000,000.00 BEING GENERAL DAMAGES FOR TRESPASS.

3. AN ORDER OF PERPETUAL INJUNCTION RESTRAINING THE DEFENDANTS SEVERALLY AND JOINTLY, THEIR SERVANTS, AGENTS, PRIVIES COHORT AND/OR ANYBODY WHATSOE…

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