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JOSEPH OHA V. DAMIAN UZOMA

(2014) JELR 51966 (CA)

Court of Appeal  •  CA/E/358/2008  •  27 Mar 2014  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA (Presided and Read the Lead Judgment) IGNATIUS IGWE AGUBE JCA EMMANUEL AKOMAYE AGIM JCA

Appearances
Ejike Ezenwa (with him, M. A. Onwe Esq.) - for the Appellant. -*- Respondent absent (though served).

Judgement

MSHELIA JCA (Delivering the Lead Judgment): The plaintiff (appellant herein) by a writ of summons filed on 10 March 2006 and statement of claim filed on 18 May 2009, commenced a suit No. 0/114/ 2006 at Onitsha High Court, Anambra State, claiming against the defendant (now respondent) the following reliefs: A declaration that the plaintiff is entitled to the statutory right of occupancy over the piece or parcel of land situate at, and known as plot No. 192, Akpaka Forest, Onitsha. N10,000,000.00 (ten million naira), being special and general damages for trespass.

Perpetual injunction against the defendant, his servants, agents and privies from interfering with the plaintiffs right in respect of the plot aforesaid. Pleadings were filed and exchanged by parties. At the hearing, plaintiff testified and called two other witnesses. Plaintiff tendered a total of 14 exhibits. The defendant also opened his case, called two witnesses and tendered 7 exhibits. It is the plaintiff’s case that plo…

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