ROSE OPARA V. ONARI PETER-KIO BRIGGS
(2015) JELR 54026 (CA)
Court of Appeal
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CA/PH/458/2012
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2 Feb 2015
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Nigeria
Coram
MODUPE FASANMI JCA BITRUS GYARAZAMA SANGA JCA
Appearances
Sotari F. Tamunowari Esq. (with him, Kelechi Njoku Esq. and Harriye Amos Esq.) - for the Appellant. D
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O. T. K. D. Amachree Esq. (with him, T. I. Graban Douglas Esq.)
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- for the Respondent.
Judgement
<p><strong> ORJI-ABADUA JCA (Delivering the Lead Judgment): </strong> By an amended statement of claim filed on 9 October 2009, the respondent herein, who was the claimant at the lower court, sought against the appellant and the 2nd defendant at the lower court as follows: β1. A declaration that he is entitled to the right of occupancy in and over the land in dispute shown on plan No. VEI/RV005/ 2005 LD.</p><p>N10,000,000.00 (ten million naira) damages for trespass.</p><p>An order of perpetual injunction, restraining the defendants and their agents and representatives from further interfering with his right of occupancy over the land in dispute.β</p><p>The 1st defendant, that is, the appellant herein, filed her statement of defence and counterclaim against the plaintiff seeking the following: β(1) A declaration of title to the land.</p><p>(2) Perpetual injunction restraining the plaintiff, his agents, privies, servants etc, from interfering with her use and enjoyment of the land.β At the trial court, both the plaintiff and the defeβ¦</p>