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CHIEF DAN OGBUEFI MR. KENNETH EZEANI MR. CHRISTOPHER OKAFOR MR. PAULINUS EFOAGUI MR. BERNARD ONIYI THE ENTIRE COMMUNITY, AGULU V. ANAMBRA STATE EDUCATION COMMISSION CHIEF N. N. OBIADI CHIEF LAWRENCE NWOGBU CHIEF ENEMUO

(2011) JELR 55263 (CA)

Court of Appeal  •  CA/E/154/2008  •  4 Jul 2011  •  Nigeria

Coram
ABDU ABOKI JCA (Presided) AYOBODE O. LOKULO-SODIPE JCA (Read the Lead Judgment) SAMUEL CHUKWUDUMEBI OSEJI JCA

Judgement

LOKULO-SODIPE JCA (Delivering the Lead Judgment): This is an appeal against the judgment delivered on 18 December 2007 by Hon. Justice Umegbolu Nri-Ezedi (then Chief Judge) of the Anambra State High Court of Justice. The learned trial chief Judge (who will hereafter be simply referred to as “the learned trial C J), in the judgment granted all the reliefs claimed in the case by the plaintiffs.

The 1st respondent as plaintiff instituted an action before the Anambra State High Court of Justice (hereafter simply referred to as “the lower court”) against the appellants as defendants claiming the reliefs set out in the “claim” dated 26 May 1997 and filed on 21 May 1997 to wit “(1) A declaration that the said piece of land lawfully belongs to the plaintiff for the use of the Bubendorf Memorial Grammar School, Adazi.

(2) An order of perpetual injunction restraining the defendants, their agents or privies from trespassing unto the said land.

(3) An order that the defendants should remove from the…

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