Customer Support

AGWARAMGBO & ANOR
V.
IDUMOGU

(2007) JELR 48211 (CA)

Court of Appeal 31 May 2007 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent sued the appellant in Onitsha High Court seeking a declaration of entitlement to possession and use of a pitch in Ogbaru main market. - The appellants counter-claimed for damages for trespass and an order of injunction. - T

Case Details

Suit Number:CA/E/57/2004
Judges:JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Counsel:Chioma Nwachukwu [Mrs] For Appellant C. C. Okaa, Esq. (with him, Ogugua Ikpeze) For Respondent

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent sued the appellant in Onitsha High Court seeking for a declaration that he was entitled to possession and use of pitch No. PD/54A in Ogbaru main market with other reliefs. Pleadings were duly exchange and the appellants counter-claimed against the respondent claiming damages for trespass and for an order of injunction.

The case of the respondent is that he applied for and was allocated a shed/pitch No. PD/54A at Ogbaru main market, on the 17th May, 1994 by the Ogbaru Local Government Authority. He was also issued allocation paper and a file code certificate. He also paid stallage fees to the Local Government and was issued receipts.

The appellants were allocated a kiosk with allocation No. D4/KS/1 by the same Local Government.

The gable ends, kiosk and pitch are allocated as mere open spaces and each allotee now constructs a structure on it; some with zink, plank or with cement.

The appellants in restructurin…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.