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ADIUKWU
V.
ENWEREJI

(2016) JELR 41047 (CA)

Court of Appeal 15 Apr 2016 Nigeria
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Case Details

Suit Number:CA/OW/89/2013
Judges:IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:I. A. Nwabudogu Esq. For Appellant F. I. Aniukwu Esq. For Respondent

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court in Suit No. A/224/2008, delivered on 21/11/2012 by Hon. Justice O.Z. Ikeorha, wherein the learned trial Court dismissed the claims of the Plaintiff, who is Appellant herein.

The reliefs sought at the Lower Court were:

"(a) Declaration that the Plaintiff is entitled to the Statutory Right of Occupancy over the part of the land traditionally called 'Okpulor Adikwu' situate at the entrance to Umuadikwu compound at Amufuni Village in Aba South LGA.

(b) The sum of N5,000,000.00 (Five Million Naira) only, being special and general damages for trespass.

(c) A declaration that the Defendant has no right to close or interfere with the entrance into the compound street of Umuadikwu with shops or any other structure or thing.

(d) A perpetual order of injunction restraining the Defendant by himself, his agents, servants, workmen, privies and or assigns whosoever from entering i…

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