CHIEF GABRIEL OKWOR & ORS V. EKENE UGWU & ORS

RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment): This is an appeal by the Appellants/Parties affected and having an interest in the case, against the judgment of R. N. Onuorah (Judge) dated 29th April 2008, where he simply declared thus-

"I have read the affidavit and the written address in support of this motion and I am satisfied that the Plaintiffs/Applicants are entitled to the claims contained in paragraph 15 of the Statement of claim. This is pursuant to Order 11 Rule 2 of the High Court (Civil Procedure) Rules 2006 of Enugu State. Consequently, judgment is hereby entered for the plaintiff as contained in paragraph 15 of the statement of claim except that the Defendants shall pay the sum of N50,000,00 (Fifty thousand naira) as general damages for trespass to the Plaintiffs. Cost is hereby assessed N3, 000.00..."

- Pages 43-44 of the Record of Appeal.

The judgment was in respect of suit No E/663/2004, instituted by Louis Ugwu and 2 Ors AND Felix Ugwu and 9 Ors.

In that s…