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GABRIEL OKAGBUE UGBO & ANOR v. KENNETH NNAIFE UGBO

(2018) JELR 33107 (CA)

Court of Appeal  •  CA/E/273/2010  •  23 Feb 2018  •  Nigeria

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

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, JCA(Delivering the Leading Judgment): The appellant and his father instituted suit no. O/517/2000 against the respondent as the defendant wherein they claimed the following reliefs:

(i) A declaration that the said customary grant of the Red Verge in plaintiffs Plan to late Madam Egodigbo Anyaegbuna has been determined by the vacation of the said late Egodigbo Anyaegbuna from the said Red Verge in plaintiffs plan to live at Umudei Village, Onitsha coupled with the eventual death of the said Madam Egodigbo Anyaegbuna in 2004.

(ii) A declaration that upon the determination of the said customary grant made to the said Madam Egodigbo Anyaegbuna the said Red Verge in plaintiffs plan became the property of the 1st plaintiff with the 1st plaintiff entitled to the statutory right of occupancy over same.

(iii) #100,000.00 (One hundred thousand Naira) damages for trespass against the 1st defendant.

(iv) Perpetual injunction restraining the 1st defendant, his servants,…

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