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EKEMBAI OPUZIBAU & ORS. v. ISAIAH B. KWOKWO & ORS.

(2001) JELR 44312 (CA)

Court of Appeal  •  CA/PH/70/95  •  10 Jul 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SYLVANUS ADIEWERE NSOFOR JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

NSOFOR J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the Port Harcourt High Court (F. F. Tabai, J.) in Suit No. YHC/6/82 on the 5th of May, 1994. The plaintiffs, herein respondents, had claimed against the appellants, qua defendants in the trial court, the following reliefs as per paragraph 11 of the statement of claims:-

"a declaration that the plaintiffs are entitled to a right of occupancy under Gbarain customary law to all that piece or parcel of lands known and called Opubuo land and the adjoining Nguasa land situate near the left bank of Taylor Creek in Gbarain clain as shown in the plan No. ECRS/17/78 plea with this statement.

The sum of Two thousand Naira (N2,000)being general damages for trespass in that the defendants between January and April, 1977 without the permission of the plaintiffs broke and entered the said Opubuo land and adjoining Nguasa land and destroyed several economic trees on the said land while tracing survey line across t…

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