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KEVIN OZOR CHRISTOP HER NEBO V. JOHN ENEH

(2004) JELR 52289 (CA)

Court of Appeal  •  CA/E/59/2002  •  1 Nov 2004  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided and Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE JCA JA'AFARU MIKA'ILU JCA

Judgement

GALADIMA JCA (Delivering the Lead Judgment): This is an appeal brought to this court by the defendants, herein referred to as “appellants,” against the judgment of an Enugu High Court delivered on 8/10/2001 by Agbatah J. The plaintiff, hereinafter referred to as the “respondent,” claimed against the appellants jointly and severally, in his action filed on 12/8/1998 as follows:

“1. ₦50,000 (fifty thousand naira) being special and general damages jointly and severally against the defendants.

2. Injunction restraining the defendants, their servants, agents and/or privies from acts of trespass on stall/store No. 03, Akwata, Ogbete Main Market, Enugu.”

Parties filed and exchanged their respective pleadings. In summary, the case of the respondent is that he is the owner of shed No. 3, Akwata section of the Ogbete Main Market, Enugu, which he personally built. The said shed was formerly known as “Open Space No. 10, Akwata, Ogbete Main Market, Enugu, which was transferred to him by one Mall…

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