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LINUS OKAFOR V. DR. OLIVER AKANONU DANIEL ONWUASOANYA

(2000) JELR 55607 (CA)

Court of Appeal  •  CA/PH/29/96  •  19 Jun 2000  •  Nigeria

Coram
JAMES OGENYI OGEBE, JCA (Presided and Read the Lead Judgment) SYLVANUS ADIEWERE NSOFOR, JCA MICHAEL EYARUOMA AKPIROROH, JCA

Judgement

OGEBE, JCA: (Delivering the Lead Judgment) The appellant sued the respondents in the Magistrates’ Court Grade II Ideato claiming as follows: “(1) Court’s declaration that the plaintiff is entitled to the customary right, of occupancy of a piece or parcel of land known as and called “Ikpa Ayo”.

N600.00 general damages for trespass.

Injunction restraining the defendants, their privies, agents and servants from committing further acts of trespass on the land.”

The Magistrate heard evidence and gave judgment in favour of the appellant.

The respondents appealed to the High Court of Imo State holding at Orlu on a number of grounds. One of the grounds was that the Magistrates’ Court had no jurisdiction to try a land matter.

The learned counsel for the appellant, before that court, argued that sole ground of appeal.

The learned counsel for the respondents, before the lower court , agreed with the submission of the appellant’s counsel. There and then the lower court gave a judgment nullifying the …

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