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AMACHUKWU
V.
OJUKWU

(2009) JELR 47182 (CA)

Court of Appeal 23 Mar 2009 Nigeria
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Case Details

Suit Number:CA/E/208/2005
Judges:AMIRU SANUSI Justice of The Court of Appeal of Nigeria STANLEY S. ALAGOA Justice of The Court of Appeal of Nigeria OLUKA YODE ARIWOOLA Justice of The Court of Appeal of Nigeria
Counsel:For Appellant For Respondent

OLUKAYODE, ARIWOOLA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of Anambra State High Court, Nnewi Judicial Division sitting at Nnewi. The Plaintiff had claimed before the trial Court the following reliefs:

1. "A declaration that the Plaintiff being the owner in possession of piece and parcel of land measuring approximately 541.703 square metres in area, situate at Umucle Umudim Nnewi, Nnewi North Local Government area, is entitled to be granted the statutory right of occupancy to the said land.

2. N10, 000.00 (Ten Thousand Naira) general damages for trespass and damage to the Plaintiffs economic crops on the said land, committed by the Defendant.

3. Perpetual injunction restraining the Defendant, his agents, servants and privies from entering into or doing any thing whatsoever on the said land without the prior consent and authority of the Plaintiff."

Pleadings were filed and exchanged. The case proceeded to hearing. Both parties testified and ca…

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