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NATHANIEL OBIENU V. MADUBUKO OKEKE PIUS OKEKE

(2005) JELR 52161 (CA)

Court of Appeal  •  CA/E/84/2003  •  1 Dec 2005  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA (Presided) OLUFUNLOLA OYELOLAADEKEYE JCA (Read the Lead Judgment) JA'AFAR MIKA'ILU JCA

Judgement

ADEKEYE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Anambra State, Nnewi Judicial

Division in suit No. AN/75/97 delivered on the 13/12/2000. The plaintiffs before the trial court, now respondents in this appeal, Madubuko Okeke and Pius Okeke sued in a representative capacity for themselves and on behalf of the Madubuko Okeke family of Okpuno Ebanator Uruagu Nnewi, the defendant Nathaniel Obienu, now appellant before this court, claiming as follows:-

“(1) A declaration that the defendant has breached the terms and conditions contained in the lease agreement entered on the 5th day of May, 1978 between the plaintiffs and the defendant and has therefore forfeited the lease.

N200,000 damages for trespass after the lease expired in April 1993.

Perpetual injunction restraining the defendant, his servants , agents and privies from further trespassing into the land.”

Parties filed and exchanged pleadings. When trial commenced in the suit, the ap…

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