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OSITA OKPARA & ANOR V. CHARLES NWANKWO

(2018) JELR 39526 (CA)

Court of Appeal  •  CA/E/165/2012  •  16 Mar 2018  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
Chike Ukoh For Appellant K. C. Ezeanyika, with him, F. I. Otaluka For Respondent

Judgement
<p>MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal, Charles Nwankwo and Alagbara Okoro commenced suit no CCU/2/98 against the appellants at the Customary Court of Anambra State where they claimed:</p><p>(a) A declaration that the plaintiff is the person entitled or deemed to be entitled to the customary right of occupancy over the piece or parcel of land called AGBO-OKUKORO land of Okoro situate at Awuka village Ogbunka, Orumba South.</p><p>(b) Two thousand naira for general and special damages for trespass.</p><p>(c) Interim and perpetual injunction, restraining the defendant, his agents, servants and privies from further acts of trespass.</p><p>(e) Any order necessary which the honourable Court may deem fit to make in the circumstances.</p><p>The appellants counter claimed as follows:(a) Order of this honourable Court for declaration of title for customary right of occupancy to be granted to them on this land in dispute known and called ALA AGBO OKUKORO IHENDUCHEKW…</p>

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