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THEOPHILUS OBIYO ONYERIKA v. LEO UZOUKWU

(2016) JELR 41501 (CA)

Court of Appeal  •  CA/OW/118/2011  •  15 Jan 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A.(Delivering the Leading Judgment).: Before the Customary Court of Ikeduru District Holden at Eziama, Ikeduru Imo State of Nigeria, the suits with numbers CC/EZ/IK/16/94 and CC/EZ/IK/36/2002, were later consolidated on the orders of Court, on the 2-12-2002, with the Respondent made Plaintiff, while the Appellant was made Defendant. However, in the first claim in suit number CC/EZ/IK/16/94 the Plaintiff claimed against the Defendant as follows;

?(1) A Declaration by the Honourable Court that the Plaintiff who is a resident native of Umuine Ama Akpaka Umure Umueri village Iho in Ikeduru LGA is entitled to the Customary Right of Occupancy of the piece or parcel of land known as and called ?Uhu Umuine? lying and situate at Umuine Ama Akpaka Umueri Ihi in Ikeduru LGA within the jurisdiction of this Court and being of annual value of N10.00 (Ten Naira).

(b) The sum of N1000. (One Thousand Naira) being damages for Trespass.

(c) Perpetual injunction restraining the …

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