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ASHAGBA & ORS.
V.
MONN & ANOR.

(2011) JELR 47072 (CA)

Court of Appeal 3 Jun 2011 Nigeria
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Case Details

Suit Number:CA/C/23/2009
Judges:JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Counsel:Philip Obiem Esq. For Appellant Gabriel I. Ugan Esq. For Respondent

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): At the Ogoja Division of the High Court of Cross River State, the Appellants were the Defendants in Suit No. HJ/59/2005 instituted by the Respondents through the Writ of Summons and Statement of Claim filed on 1/8/2005 for the reliefs endorsed on the Writ of Summons and particularized in the Statement of Claim as follows:

"1. A DECLARATION that the 1st plaintiff is the owner of the twenty plots lying and situate off Ogoja/Ikom Road Ndok junction Ogoja having paid for same and as witnessed by agreement dated 1st day of October 1990.

2. Five Million Naira (N5,000,000.00) only being special, exemplary, aggravated and general damages for trespass by Defendants restraining first plaintiff from development and use of his land.

3. Perpetual injunction restraining the Defendants, by themselves, their agents, workers, successors in title heirs assigns executors and administrators from tampering and entering unto 1st plaintiff's la…

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