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CHIEF ELIAS OYEOKA OFFODILE v. OZO ANTHONY NWEKE OFFODILE & ORS

(2009) JELR 47443 (CA)

Court of Appeal  •  CA/E/299M/2007  •  29 Apr 2009  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; MOHAMMED LADAN-TSAMIYA JCA; SIDI DAUDA BAGE JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Anyachebelu J. of the High Court of Justice Anambra State of Nigeria in the Awka judicial division in Suit No. A/221/02 delivered on the 8th May, 2007. The Appellant as Plaintiff had claimed against the Respondents as Defendants jointly and severally in the court below as follows -

(a) A Declaration that the purported sale by the 1st - 5th Defendants of chief Ozo Offodile's family land situate at Agbana - Ofvia as shown in the annexed survey plan No SSC/AN - D06/2004 to the 6th Defendant without the consent or authority of the Plaintiff is null and void and of no effect.

(b) N100,000.00 (One Hundred Thousand Naira) general damages for trespass.

(c) An order of injunction restraining the Defendants jointly and severally and their servants, agents and privies from entering into and or remaining on the said land without the consent of the Plaintiff.

(d) Or in the alternative an ordeā€¦

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