CHARLES CHUKWUDOZIE OZOEMENE V. ANAKWEZE OZOEMENE
(2013) JELR 36017 (CA)
Court of Appeal
•
CA/E/166/2007
•
22 Feb 2013
•
Nigeria
Coram
MOJEED ADEKUNLE OWOADE JCA;
ISAIAH OLUFEMI AKEJU JCA;
EMMANUEL AKOMAYE AGIM JCA;
Appearances
Emeka Nwankwo For Appellant
Doris Udensi For Respondent
Judgement
<p>MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of P.C. Obiorah J. sitting at the High Court of Anambra State Awka delivered on 13th day of November, 2006.</p><p> The Appellant as Plaintiff issued a writ of summons dated 22/8/2000 against the Respondent. This culminated into his statement of claim dated 20/2/2003 and filed on 24/2/2003 wherein he claimed against the defendant (Respondent, herein) as follows:</p><p> (a) A declaration that the Plaintiff is the person entitled to a statutory right of occupancy over the compound or "Ngwulu" known as and called "Ngwulu" be Ozoemene Okoye" situate at Umubele village Awka.</p><p> (b) An order of perpetual injunction restraining the defend ant, his agents, servants or privies from further trespassing on the Plaintiff's said compound or "Ngwulu".</p><p> (c) The sum of N5,000 000.00 (five million naira) being damages for trespass.</p><p> The relevant pleadings of the parties are:</p><p> (a) The Plaintiffs Statement of claim dated…</p>