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OGBUKA OGBUKA & ORS v. OKORO AWA & ANOR

(2016) JELR 41269 (CA)

Court of Appeal  •  CA/OW/378/2013  •  17 Feb 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

ITA GEORGE?MBABA, J.C.A. (Delivering the Leading Judgment): Appellants were the Defendants at the lower Court in Suit NO.HOH/31/2003, at Ohafia Division of Abia State High Court. The Respondents (as Plaintiffs) had taken out the suit against them, seeking the following reliefs:

1. A declaration that Plaintiffs are entitled to the right of occupancy of the parcel of land known as and called "EBE EGBURU ALAWARA" situate at Isiugwu Ohafia, which land was and is at all material times in the ownership and possession of the Plaintiffs, down the family line.

2. Five Million Naira being ordinary, exemplary, proximate, special and general damages for Defendants' willful, spiteful and continuing trespass to the said land in possession of Plaintiffs.

3. An order of perpetual injunction, restraining the Defendants or any of them by themselves, or their heirs, workmen, servants, successors in title or anybody claiming through or in trust for them from entering into, or interfering with Plaintiffs' po…

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