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EBENEZER OKOYE v. CYPRIAN ADIELE & ANOR

(2014) JELR 36188 (CA)

Court of Appeal  •  CA/E/249/2007  •  14 Nov 2014  •  Nigeria

Coram
AMIRU SANUSI JCA; EMMANUEL AKOMAYE AGIM JCA; SAIDU TANKO HUSAINI JCA;

Judgement

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): This case on appeal was commenced at the High Court of Anambra State holden at Onitsha. The Appellant as the Plaintiff took out a Writ of Summons on the 18th March, 1996 and by his amended Statement of Claim dated the 10th May, 2006 and filed on the 11th May, 2006, claimed against the defendants all the reliefs listed below:-

"WHEREOF the plaintiff claims jointly and severally against the defendants as follows:

(a) A declaration that the plaintiff is the person duly allocated by the Onitsha North Local Government stall No. NMB/10C at the main market Onitsha at the police line and that the said allocation is still valid and subsisting.

(b) A declaration that the defendant's entry into stall No. NMB/10C and the demolition of the said stall and the eventual carting away of goods and cash belonging to the plaintiff as contained in the said stall is illegal, wrongful and an infringement of the said stall No. NMB/10C at the main…

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