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EZE A. A. UWANAMODO V. CHIEF SIR ERNEST NWOKAFOR

(2017) JELR 38004 (CA)

Court of Appeal  •  CA/OW/45/2014  •  5 May 2017  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Appearances
Absent For Appellant Absent For Respondent

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Abia State of Nigeria sitting at Umuahia (hereinafter referred to as the lower Court), delivered on the 5th day of November, 2013 , by Hon. Justice L. Abai, J. The suit which led to this appeal was commenced by the claimant/appellant (hereinafter referred to as the appellant) vide a writ of summons and statement of claim dated and filed on the 13th day of June, 2011 wherein the appellant sought for the following relief.

(a) The sum of N1m (One Million Naira) being special and general damages for trespass to the palm trees on land traditionally known as and called Okporoama Dikenta in Dikenta Ekenobizi in Umuokpara Umuahia South L. G. A. Abia State within the jurisdiction of the Court in possession of the claimant.

The appellants case against the defendant/respondent (hereinafter referred to as the respondent) is that the respondent was granted the permission…

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