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ANUONYE WACHUKWU & ANOR V. AMADIKE OWUNW ANNE & ANOR

(1999) JELR 43743 (CA)

Court of Appeal  •  CA/PH/62/92  •  18 Nov 1999  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SYLVANUS ADIEWERE NSOFOR JCA; MICHAEL EYARUOMA AKPIROROH JCA;

Appearances
Chief Donald Ibezim Udogu For Appellant C.C. Adiele For Respondent

Judgement

AKPIROROH, J.C.A. (Delivering the Leading Judgment): The appellants were the defendants while the respondents were the plaintiffs in this action which was instituted at Aba High Court in Abia State as Suit No. N185175. The plaintiffs' claim as set out in paragraph 17 of the amended statement of claim is as follows:-

17. Wherefore the plaintiffs claim against the defendants jointly and severally:-

(1) Declaration of Title to all that piece or parcel of land known as Ikeohia Umuarapara/Okpulor Umuarapara situate at Uratta Okpu-Umuobo in Aba Urban Division valued N20.00 annually.

(2) N500.00 being general damages for trespass committed by the defendants on the said land on or about the 13th day of September, 1975.

(3) Perpetual injunction to restrain the defendants, their servants or agents from committing acts of trespass on the land.

Pleadings were filed and duly delivered. The case thereafter went to trial before S.O. Ekpe J. Both the plaintiffs and the defendants amended their respec…

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