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THOMPSON OKOLI & ANOR V. EZIKE ADOL-ODIOKPU & ORS

(2016) JELR 40909 (CA)

Court of Appeal  •  CA/E/681/2013  •  15 Dec 2016  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
Arinze Obidozie, Esq., (holding the brief of A. I. Agbogu) For Appellant Obi Anizoba, Esq. For Respondent

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Anambra State High Court of justice, holden at Ekwulobia, delivered on 25th September, 2013. The respondents had approached the Court below and claimed a declaration that they were entitled to the grant of the Statutory Right of Occupancy of the piece or parcel of land known as and called No. 6 Elendu Street, Okpoko in Ogbaru Local Government Area; the sum of One Million naira (N1, 000,000.00) as general damages and a perpetual injunction restraining the respondents, their servants, agents, privies and workmen from further acts of trespass on the land in dispute.

The appellants denied the claim. Pleadings were filed and exchanged between the parties, who filed depositions on oath of their respective witnesses, who testified for them. The parties' counsel filed and exchanged their written addresses which were adopted by them. In his judgment, the learned trial judge, found for the res…

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