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VINCENT ANIZOBA UGONGENE & ORS v. CHIGBO IGWEBUIKE & ORS

(2016) JELR 41781 (CA)

Court of Appeal  •  CA/E/16/2008  •  27 Jun 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A.(Delivering the Leading Judgment): On 26-4-1974, the respondents herein, as plaintiffs filed a claim and caused a writ of summons to issue on the same day commencing suit No AA/57/1974 in the then High Court of East Central State (now Anambra State) in the Amawbia/Awka Judicial Division against the appellants herein as defendants, claiming for-

(a) Declaration of title to all that piece or parcel of land lying being and situate at Awka known as and called Egbeana Obibia, within jurisdiction, annual value of which is N10.00 as will be more particularly delineated in plan to be filed.

(b) N100.00 being general damages for trespass

(c) Perpetual injunction restraining the defendants their servants and privies from further acts of trespass on the said land.

The suit was tried on the following pleadings further amended statement of claim filed on 2-4-1986 and amended statement of defence filed on 27-7-1976.

The plaintiffs adduced evidence through six witnesses (PW1,…

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