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EMMANUEL UZOMA v. FELIX C. OKORIE

(2000) JELR 44205 (CA)

Court of Appeal  •  CA/PH/261/88  •  16 May 2000  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of Njeribeako, J., sitting at the then Imo State High Court, Umuahia. The plaintiff's claim against the defendant was as follows:

"(a) Declaration that the plaintiff is entitled to the statutory right of occupancy of Plot "B" New Town Layout otherwise known as No.12 Macaulay Street, Umuahia - Ibeku in the Umuahia Judicial Division the subject of grant by the Governor of Imo State of Nigeria.

(b) Order of an account for rents received by the defendant from the tenants who occupied and still occupying the plot and building in dispute and to hand over the balance to the plaintiff.

(c) The sum of N50,000.00 (Fifty Thousand Naira) only as general damages for trespass.

(d) Injunction permanently restraining the defendant, his servants, agents and or workmen from entering into, interfering and or in any way dealing thereon known as and numbered No. 12, Macaulay Street, Umuahia-Ibeku within jurisdiction".…

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