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ALARIBE
V.
OKWUONU

(2015) JELR 45736 (CA)

Court of Appeal 23 Jan 2015 Nigeria
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- This is an appeal against a judgment of the Abia State High Court in a land dispute case. - The appellant claimed ownership of a piece of land and sought a declaration of right of occupancy and damages for trespass. - The respondent count

Case Details

Suit Number:CA/OW/105/2011
Judges:IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria FREDERICK O. OHO Justice of The Court of Appeal of Nigeria
Counsel:I.N. Ijeomah Esq. (S.A.N) with him U.K. Ike Esq. For Appellant Chief M.I. Ahamba (S.A.N) with him C.C. Okoroafor Esq. T.E. Nwokedi Esq. and K.O. Ahamba Esq. For Respondent

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abia State High Court in Suit NO. HU/80/2006, delivered on 29/11/2010 by Hon. Justice Onuoha A.K. Ogwe wherein, the trial Court dismissed the Plaintiff's (Appellant) claim and granted the Counter-claim of the Defendant (now Respondent).

At the lower Court, Appellant, as per the writ of summons, filed on 8/4/2006, had claimed as follows;

(a) A declaration that the Plaintiff is entitled to the statutory right of occupancy of a piece or parcel of land in an area of land traditionally known as and called 'Okpulor Uwadileke, situate between in UMUMBA NSIRIMO and UMUERIM in Umuahia South Local Government Area of Abia State Nigeria, within the jurisdiction of this Court with annual rental value of ₦10.00.

(b) The sum of ₦10,000,000.00 (Ten Million Naira), being special and general damages for trespass to the aforesaid piece or parcel of land.

(c) An injunction...

The Appellant (as Plaintiff) ha…

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