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CHINEDU I. UDEGBUNA v. OKONKWO UDEGBUNAM & ANOR

(2016) JELR 36796 (CA)

Court of Appeal  •  CA/E/330/2009  •  29 Jun 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Anambra State High Court of Justice, holden at Nnewi, delivered on 30th June, 2008. The appellant, who was the plaintiff at the Court below, had claimed and prayed for:

"a. A declaration that he is entitled to the statutory right of occupancy of the piece and parcel of land called ANA-AGBALA delineated in the Survey Plan to be attached to his claim.

b. General damages from the defendants jointly and severally in the sum of N20,000.000.00 (twenty million naira) for trespass into the said. (sic)(land).

c. An injunction restraining the defendants, their agents or privies from further trespass into the land."

The claim was denied and resisted by the respondents. The parties filed and exchanged their pleadings. The respective parties led evidence and some documentary exhibits were tendered into evidence. The Learned counsel for the parties, addressed the Court and at the end, the learned triā€¦

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