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SAMUEL OCHEKWUBELU & ORS V. PIUS OTUBA & ORS

(2018) JELR 34413 (CA)

Court of Appeal  •  CA/E/230/2015  •  8 Jun 2018  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
Chief J. N. Okongwu, Esq. For Appellant Mrs. J. N. Edochie For Respondent

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is sequel to the judgment of the Anambra State High Court of Justice, holden at Ogidi, rendered on 28th February, 2011.

The Appellants as plaintiffs claimed at the Court below, the following declaratory, trespassory damages and injunctive reliefs at paragraph 23 of their amended statement of claim, thus:

1. A declaration that the Ezike family of Nimo are the persons entitled to the certificate of statutory right of occupancy over the piece and parcel of land known as and called Udo Owelle Ezike forest in Nimo within the Awka Capital Territory delineated and verged Green in the survey plan No.: MES/LD/30/94 filed with this Statement of Claim.

2. The sum of N2,000,000 (two million naira) general damages for various acts of trespass in Udo forest land committed between 1991 and 1994 including the trespassory discretion (sic)(desecration) and removal of a juju deity.

3. Perpetual injunction restraining the defendants, th…

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