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TUNDE OYEBANJI AWOTOYE J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the appellant filed on 27/3/2012 against the decision of Customary Court of Appeal Imo State delivered on 14/3/2012.
The amended claim of the plaintiff at the lower Court read thus:
PARTICULARS OF CLAIM
1. The Plaintiff is a native of Umunwafor, Okwuoji, Awo-Omamma in Oru East Local Government Area.
2. The Plaintiff is the owner in possession of a parcel of land known as and called Ala Nnadibunjo lying and situate at Umunwafor, Okwuoji, in Awo-omamma, Oru East Local Government Area and within the jurisdiction of this Court. The plaintiff lives on this land also.
3. The plaintiffs father lived and died on this land and was buried in this land.
4. There are permanent structures and economic plants on this land.
5. The Defendant is also a native of Umunwafor, Okwuoji, Awo-omamma in Oru East Local Government Area of Imo State.
6. In June, 1999 the Defendant and his agents trespassed…