AJIE & ORS
V.
AHUNANYA & ORS

(2000) JELR 39886 (CA)    

Court of Appeal  ·  CA/PH/44/96 ·  12 Jun 2000 ·  Nigeria
 · 
Other Citations
Ajie v. Ahunanya (2001) 7 NWLR (Pt.711)34
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria
Core Terms Beta
property
appellants
1st respondent
respondents
rents
learned counsel
mr. j. o. chikelue
tenants
trespass
deed of conveyance
evidence
proprietary right of the 1st respondent
determination
disputed property
issue
judgment
learned trial judge
mere squatters
mr. chikelue
mr. kenneth ejiofor
properties
proprietary right of his landlord
reply brief
squatters
trial court
advance
better title
brief of argument
brother ogebe
damages
evidence of purchase receipt
high court of port harcourt
leading judgment
only persons
order of perpetual injunction
port harcourt
power of attorney
properties of the appellants
proper title
record of appeal
reply
serious thoughts
submissions of counsel
substance of the argument
sum of n22,500.00
time of the removal of their properties
trial judge

OGEBE, J.C.A. (Delivering the Leading Judgment): The Appellants sued the Respondents in the High Court of Port Harcourt presided over by Odili, J., claiming 500,000.00 damages for trespass and seeking an order of perpetual injunction restraining them from further acts of trespass.

The Respondents counter-claimed in the sum of N22,500.00 as special damages for destroying the 1st Respondent's property, N500,000.00 damages for trespass to the property of the 1st respondent situate at No. 26 Rumusele Street, Port Harcourt and perpetual injunction restraining the Appellants from further acts of trespass.

Some of the Appellants gave evidence that they were tenants in the disputed property when sometime in 1991 the 1st Respondent along with the other respondents came and forcefully removed their properties from the rooms they were occupying.

They testified that at the time of the removal of their properties they were not paying rents on the property to anybody. They were earlier paying ren…

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