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ROBINSON ONYEMA V. CHIEF BASIL EZEIRUKA

(2018) JELR 38725 (CA)

Court of Appeal  •  CA/E/618/2017  •  18 Jul 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Appearances
Chiedozie Ogbuehi, Esq. For Appellant Austin Enendy, Esq. For Respondent

Judgement

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State holden at Onitsha (hereinafter called the trial Court) per M. N. Okonkwo, J., delivered on 19th of October, 2016 in Suit No. O/20/2013.

At the trial Court, the Respondent was the plaintiff and Appellant was the defendant. By his Writ of Summons dated 29th of January, 2013 and Further Amended Statement of Claim and Defence to the Appellants Counter-Claim filed on 23rd of May, 2014, the Respondent sued the Appellant and claimed as follows:

a. A DECLARATION that the plaintiff is the bonafide owner in possession of the said shop or stall No: C843 Situate at Electronic International Market, Enugu/Onitsha Express way, Onitsha.

b. N200,000 being general damages.

c. AN ORDER of perpetual injunction restraining the Defendant his agent, cohorts, servants, privies, assigns or by any person(s) whatsoever from disturbing, preventing and/or obstructing the plaint…

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