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MR. CHUKWUDI OKAFOR & ORS V. MRS. JANET ANAKWUO OKAFOR & ORS

(2016) JELR 40872 (CA)

Court of Appeal  •  CA/E/193/2009  •  13 Dec 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA TOM SHAIBU YAKUBU JCA RITA NOSAKHARE PEMU JCA

Appearances
Emenike Nnajide, Esq. For the Appellant; Chukwuemeka Umeh, Esq For the Respondent.

Judgement

RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment delivered by Hon. Justice E. U. Uzodike of the Anambra State High Court, sitting in Awka on the 21st of November 2007 in suit No A/13/2003.

SYNOPSIS OF FACTS

By Writ of Summons filed on the 20th of January 2003, and Paragraph 3 of the Claim, the Respondents (Plaintiffs at the lower Court) had sued the Appellants (Defendants at the lower Court) in Paragraph 3 thereof for the following:-

(a) N6m (six Million Naira) being special, exemplary, aggravated and general damages for trespass.

(b) Perpetual injunction, restraining the defendants by themselves, privies, agents and servants from further trespass thereto.

-pages 1-3 of the Record of Appeal. Also in Paragraph 14 of the Statement of Claim as reflected at page 6 of the Record of Appeal.

The plaintiffs are owners in possession of the compound situate at No 297 Nnamdi Azikiwe Avenue, Awka.

The 6th Plaintiff MASTER CHUKWUJIOKE AWAKWUO OKAFOR is the…

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