CHRISTOPHER ONWUALU & ORS V. DAVID MOKWE & ORS
(2018) JELR 39621 (CA)
Court of Appeal
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CA/E/286/2013
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25 Jan 2018
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Nigeria
Coram
TOM SHAIBU YAKUBU JCA;
JOSEPH TINE TUR JCA;
RITA NOSAKHARE PEMU JCA;
Appearances
C.O. ERONDU, Esq. For Appellant
DR. G. O. OKAFOR, FCON, 2JP For Respondent
Judgement
<p>RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Anambra State Holden at Otuocha in suit no HID/52/2007 delivered on the 12th day of December 2012.</p><p>In it, the lower Court dismissed the claim of the plaintiffs and granted the Defendants counterclaim in part Pages 266 276 of the Record of Appeal.</p><p>SYNOPSIS OF FACTS</p><p>The suit, the subject matter of this Appeal was initiated vide Writ of Summons dated 25th of May 2007 and filed on the 27th of May 2007 Pages 1 3 of the Record of Appeal.</p><p>In paragraph 15 of the statement of claim filed on the 27th of May 2007, the Plaintiffs (Appellants in this Appeal) claim against the defendants jointly and severally as follows:</p><p>a) Declaration that they are entitled to the statutory right of occupancy over Ana Ephraim Onwualu in dispute verged pink in Plan No. MES.LD08/2007.</p><p>b) 1,000,000.00 (One Million Naira) general damages for trespass.</p><p>c) Perpetual injunction restraining the defendants, thβ¦</p>