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MARTIN UDECHUKWU & ORS. v. SUNDAY EZEMUO

(2008) JELR 33524 (CA)

Court of Appeal  •  CA/E/120/2007  •  2 Jul 2008  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; STANLEY SHENKO ALAGOA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Onwuamaegbu J. of the High Court, Ekwuiobia in the Aguata Judicial Division of Anambra State in Suit No. AG/7A/2003 SUNDAY EZEMUO V. MARTIN UDECHUKWU and 2 ORS delivered on the 8th day of December 2005 allowing the appeal and setting aside the judgment of the Customary Court Mbamisi in Suit No. CCM/61/97 delivered on the 30th March 1998. Briefly the facts culminating in this appeal are as follows -

The present Respondents in this appeal as plaintiffs in the Mbamisi Customary Court had claimed against the Appellants as defendants in that court as follows:

(a) A declaration of the court that the plaintiff is the person rightly entitled to the customary right of occupancy in and over the piece or parcel of land at Ifite Village Agulueze-Chukwu known as "Ana Ezemuo Obuako" whose annual rental value is N200.00.

(b) N200 general damages for trespass

(c) Perpetual injunction restraining …

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