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EJIKE I. UGOJI v. EZE (DR.) A.I. ONUKOGU

(2005) JELR 45183 (SC)

Supreme Court  •  SC.93/1999  •  20 May 2005  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC;

Judgement

OGUNTADE, J.S.C. (Delivering the Leading Judgment): At the Owerri High Court of Imo State, the respondent as the plaintiff, claimed against the appellant, as the defendant, for (a) Declaration of tight to statutory certificate of occupancy; (b) Ten thousand Naira as general and special damages for trespass and (c) a perpetual injunction. The claims were in respect of a parcel of land described as Plot No. 287 Ikenegbu Layout, Owerri.

The parties filed and exchanged pleadings after which the suit was tried by Chianakwalam, J. who, on 20th November, 1985, granted the reliefs claimed by the plaintiff save that two thousand Naira was awarded as damages instead of the ten thousand Naira claimed. The defendant was dissatisfied with the judgment. He brought an appeal against it before the Court of Appeal sitting at Port-Harcourt (hereinafter referred to as 'the court below'). The court below on 16/3/93 in its judgment, affirmed the judgment of the trial court. Still dissatisfied, the defenda…

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