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MADAM MAGGIE WARIGBELEGHA v. SILAS OWERRE

(2011) JELR 33915 (CA)

Court of Appeal  •  CA/PH/220/2004  •  5 Jan 2011  •  Nigeria

Coram
M. DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

M. DATTIJO MUHAMMAD J.C.A. (Delivering the Leading Judgment): Some twenty five years ago, the Respondent in this appeal, as Plaintiff, took out a writ against the Appellant and her husband as defendants claiming jointly and severally as follows:-

(i) A declaration that the plaintiff is entitled to statutory right of occupancy over all that piece or parcel of land with the building thereon known as, called and situate at No. 4 Christ Apostolic street Mile 3, Diobu, Port Harcourt.

(ii) Perpetual injunction restraining the Defendants, their agents and servants from further acts of occupation of the said property in dispute as owners.

(iii) N21,250 general and special damages as follows:-

(a) N10,000 general damages.

(b) N11,250.00 special damages being arrears of rent for 15 rooms from June 1979 to September 1985, that is, 75 months at the rent of N10 per room - per month = 75x 15x10.

With the death of the 2nd Defendant, his name was subsequently struck out.

Pleadings were ordered, filed…

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