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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 &quot;Ngwulu&quot; known as and called &quot;Ngwulu&quot; be Ozoemene Okoye&quot; 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&#x27;s said compound or &quot;Ngwulu&quot;.</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>

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