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NNAEMEKA OMALIKO V. BENJAMIN UGONABO

(2018) JELR 39303 (CA)

Court of Appeal  •  CA/E/655/2014  •  29 Mar 2018  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; RITA NOSAKHARE PEMU JCA;

Appearances
CHIEDOZIE OGBULI Esq. For Appellant EMEKA MEBO, Esq. with him, A. C. I. Arb. For Respondent

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Anambra State Holden in Onitsha in Suit No. 0/314/2008, and delivered on the 3rd of November 2014.

In the judgment, the lower Court granted the reliefs sought by the Plaintiff (who is the Respondent in the present appeal).

CONCISE FACTS

The suit, the subject matter of this appeal was instituted vide writ of summons dated 3rd December 2008.

The reliefs sought by the Plaintiffs/Respondent are as follows:-

a) A declaration that the Plaintiff is entitled to the Statutory right of occupancy over the piece and parcel of land known as Plot 711 Akpaka Forest Layout, Onitsha.

b) Five million naira (5, 000 000) general damages for trespass.

c) An order of injunction restraining the Defendant, his servant, agents and privies from any further acts of trespass on the land, the subject matter of this suit. - Pages 5 7 of the Record of Appeal.

The Plaintiff had been sold a plot of land …

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