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PRINCE NNAMDI E. UBAH V. CHIEF INNOCENT OKAFOR

(2013) JELR 35626 (CA)

Court of Appeal  •  CA/E/157/2009  •  14 May 2013  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; ISAIAH OLUFEMI AKEJU JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
Emmanela Chukwuma For Appellant H.N.C. Moghalu Esq. For Respondent

Judgement
<p>ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): Through the Writ of summons filed with the Statement of Claim on 6/12/2007, the respondent in this appeal commenced Suit No. HID/147/2007 at Idemili Judicial Division of the High Court of Anambra State, sitting at Ogidi for the reliefs averred in paragraph 11 of the Statement of Claim as follows:-</p><p> a. Declaration that the plaintiff is, subject to the Land Use Act, 1978, the owner in possession of the piece and parcel of land known as Ogbonmee land and situate at Obosi in Obosi now in dispute and is therefore entitled to the grant of Building Certificate of Occupancy (Statutory) over same.</p><p> b. N100,000.00 (One Hundred Thousand Naira) damages for trespass.</p><p> c. Perpetual injunction restraining the defendant, his servants, agents, privies, workers or persons taking instruction from him from trespassing or further trespassing into the plaintiff&#x27;s land now in dispute or in any manner whatsoever interfere with the possessory rights…</p>

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