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MR. DAVIDSON OPARAJI V. MR. JOHNSON AHIHIA

(2011) JELR 33906 (CA)

Court of Appeal  •  CA/PH/44/2005  •  28 Feb 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

EJEMBI EKO, JCA, (DELIVERING THE LEADING JUDGMENT): The Appellant was, at the trial High Court (Coram T.K, Osu, J), the Defendant/Counter-Claimant. The Respondent, as the plaintiff, had claimed against the Appellant as follows:-

1. A declaration that the plaintiff is the person entitled to statutory right of occupancy over that piece of land situate and being Ohia Otuloro Ahihia Rumuoluihere, Rumuokwurusi Obio, Obio/Akpor Local Government Area, Rivers State, the defendant having alienated the said piece of land to the plaintiff for valuable consideration in 1990.

2. The sum of N1 million (one million Naira) as damages for trespass committed by the Defendant in the month of January, 2001 when the Defendant unlawfully erected a gate across the said parcel of land without prior consent of the plaintiff.

3. A perpetual injunction restraining the Defendant by himself, servants, agents or privies from further trespass on the said land.

The Appellant, as Defendant/counter-claimant, in his s…

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