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AKWAFUO
V.
ANYANWU

(2005) JELR 55214 (CA)

Court of Appeal 6 Jul 2005 Nigeria
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Case Details

Suit Number:CA/PH/123/1997
Judges:VICTOR AIMEPOMO OYELEYE OMAGE JCA (Presided) PIUS OLAYIWOLA ADEREMI JCA (Read the Lead Judgment) MONICA BOLNA'AN DONGBAN-MENSEM JCA
Counsel:Chief B. N. Nwambara - for the Appellants. -*- Chief C. A. Egbulefu - for the Respondents.

ADEREMI JCA (Delivering the Lead Judgment): The appeal here is against the judgment of the Imo State Customary Court of Appeal holden at Owerri dated 29th May, 1996. The facts leading to this appeal are thus: the respondents as plaintiffs before the trial court had, through a writ of summons filed by them on the 4th of November, 1987 in suit No. CCAH/152/87, sought against the appellants who were the defendants at the trial court (Customary Court, Ahiazu, Mbaise) the following reliefs the particulars of which are as follows: “(1) An order of court granting absolute ownership of the said land known as ‘Ala Isi Ogbaedere’ to the plaintiffs.

An injunction restraining the defendants from further clearing or farming on the land without the consent of the plaintiffs.

N300.00 as special and general damages for wrongfully entering the plaintiffs’ land.” Sequel to taking the plea of the defendants/appellants on 25th May, 1992, hearing in the case commenced on the 17th of August, 1992 before th…

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