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CLEMENT OKONKWO & ORS V. ICHIE PETER NWUDE OKAFOR & ORS

(2016) JELR 36783 (CA)

Court of Appeal  •  CA/E/235/2011  •  20 May 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Anambra State High Court, sitting in Awka (hereinafter referred to as the Lower Court), delivered by Hon. Justice M. I. Onochie, J. on the 10th day of September, 2009. The appellants were the defendants at the Lower Court and the respondents were the plaintiffs. The respondents in their statement of claim filed on the 3rd day of February, 2006 claimed against the appellants jointly and severally the following reliefs:

?(a) A declaration that the plaintiffs are entitled to the grant of a statutory right of occupancy over the parcel of land variously known as ?Ana Isi,? Obu Enika? or ?Okpuno Enika?, situate at Nkpu Odupa, Ifite Village, Enugwu Agidi and shown verged green in survey plan number AC/LD. 27/2005.

(b) N100,000.00 being damages for trespass.

(c) Injunction restraining the defendants by themselves or through their servants, workers, agents or in any manner howsoeve…

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