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IHEANACHO UKACHUKWU & ORS v. INNOCENT IHEJIRIKA & ORS

(2014) JELR 36225 (CA)

Court of Appeal  •  CA/OW/169/2014  •  14 Nov 2014  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK O. OHO JCA;

Judgement

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Customary Court of Appeal of Imo State, Owerri, in Appeal No. CCA/OW/A/42/2013, delivered on 16/1/2014, wherein the Lower Appellate Court allowed the appeal by the Plaintiffs/Appellants (Respondents herein) and entered judgment for them in the matter at the Customary Court.

At the Customary Court, the Defendants (Appellants herein) had claimed in suit No.CC/NGO/21/98 as follows:

a) A declaration that the plaintiffs are entitled to be granted the Customary Right of Occupancy to all that piece or parcel of land popularly known as and called "UZO UMUOGBEDE UMUEZE" land being lying and situate at Umueze Village, Amala within the jurisdiction of this Honourable Court.

b) N2,000.00 (Two Thousand Naira) being general damages for trespass.

c) Perpetual injunction restraining the defendants either by themselves, their privies, agents, workers or servants from further trespass or unlawful entry…

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