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CHRISTIAN ONYEAKARUSI v. FRANCIS NWADIOGO

(2016) JELR 36759 (CA)

Court of Appeal  •  CA/E/8/2007  •  24 Mar 2016  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 12-4-1999, the respondent herein as plaintiff, filed a claim and caused a writ of summons to issue on the same day in the Anambra State High Court at Onitsha commencing Suit No. O/228/1999 against the appellant herein as defendant. The plaintiff claimed for the following reliefs -

1. A declaration that the plaintiff is the allottee/holder of open market stall No. G2/10C Gable End Attachment, Main Market, Onitsha.

2. An injunction restraining the defendant, his servants, agents and privies from entering remaining, doing anything, on the plaintiff's said stall or in any manner whatsoever interfering with the plaintiff's holding and possession of the said stall.

3. ₦10 million (Ten million Naira) damages for trespass."

Both sides adduced evidence on the basis of the following pleadings - statement of claim, amended statement of defence and reply.

The plaintiff testified as PW1 and also adduced evidence through PW2, the litiga…

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