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IKECHUKWU OKPOKIRI V. VINCENT NWOGWUGWU & ANOR

(2014) JELR 42417 (CA)

Court of Appeal  •  CA/OW/150/2011  •  10 Feb 2014  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; PHILOMENA MBUA EKPE JCA; PETER OLABISI IGE JCA;

Appearances
Mrs E. U. Okoro Esq. For Appellant David Onyinke Esq for 1st RespondentE. Obezie Esq. Solicitor General Abia with Director of Litigation and D. Owun - Kalu Esq. S.S.C. for 2nd Respondent For Respondent

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Ruling of HON. JUSTICE ONUOHA A. K. OGWE, J. of the High Court of Justice, Abia State holding at UMUAHIA delivered on 16th day of February, 2011.

The Appellant had by Writ of Summons issued out of the Abia State High Court of Justice on 6th day of April 2010 sued the 1st Respondent for the following reliefs viz:

1. A Declaration that the Claimant is entitled to the Right of Occupancy of a piece or parcel of land situate and lying in an area of land traditionally known as and called "NDAGBOUWE" in OKWUTA IBEKU in UMUAHIA NORTH L.G.A ABIA STATE NIGERIA within the jurisdiction of the court with an annual rent value of N10.00.

2. The Sum of N1,000,000.00 being special and general damages against the Defendant for trespass to the said for piece or parcel of land. (sic)

3. An Order mandating the Defendant to destroy the said building being wrongfully erected on Claimant's said land in dispute by him a…

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