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AMONI OBUOBIPI V. BOMA OBUFORIBO

(2009) JELR 50931 (CA)

Court of Appeal  •  CA/PH/118/2005  •  7 Dec 2009  •  Nigeria

Coram
S. GALADIMA JCA (Presided and Read the Lead Judgment) T. ABDULLAHI JCA EJEMBI EKO JCA

Appearances
S.J. Ofoluwa Esq. - for the Appellant. -*- C.E. Onyebukwa Esq. - for the Respondent. D

Judgement
<p><strong> GALADIMA JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of Hon. Justice E.A. Olukole of the Rivers State High Court sitting in Port Harcourt in suit No. PHC/68/98 delivered on 22 April 2002. In the said High Court, the respondent as plaintiff claimed against the appellant as defendant as follows: ā€œ(a) A declaration that the plaintiff is the bona fide assignee of that piece of land known as and called No. 127, Victoria Street, Port Harcourt and also called ā€˜J’ Block 104, Port Harcourt Township Layout, Port Harcourt by virtue of a Deed of Assignment dated 10 February 1997 and Registered as No. 40 at page 40 in Volume 235 in the Lands Registry, Port Harcourt.</p><p>An order of this honourable court directing the defendant to give up possession of the said property. N100,000.00 (one hundred thousand naira) being general damages for trespass.</p><p>Perpetual injunction restraining the defendant by himself , agents, privies or servants from further trespassing into the said …</p>

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