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OZO NWOSHI OKOLI & ORS V. SAMUEL NWANNE & ORS

(2013) JELR 35262 (CA)

Court of Appeal  •  CA/E/239/07  •  19 Dec 2013  •  Nigeria

Coram
ADRIZA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of Honourable Justice M. I. Onochie then sitting at the Awka Judicial Division of the High Court of Justice, Anambra State, in Suit No. A/124/96 which judgment was delivered on the 23rd day of February, 2007. The Respondents as Plaintiffs in the High Court had sued the Appellants as Defendants and in both the Particulars of their Writ of Summons dated 19th June, 1996 and their Further Amended Statement of Claim of thirty-eight (38) paragraphs, sought for these Reliefs:-

"38. WHEREOF the plaintiffs claim against the Defendants jointly and severally as follows:-

a. A declaration that the Plaintiffs are the People entitled to the Statutory Right of Occupancy to all that piece or parcel of land situated at Agu-Awka known and called Mgboko Agu-Awka in Awka urban within jurisdiction verged pink in plaintiff's plan and filed with the statement of claim.

b. N10,000.00 being general damages for …

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