EJIDIKE
V.
AKUNYILI

(1990) JELR 79504 (CA)    
Court of Appeal  ·  13 Jul 1990 ·  Nigeria
 · 
Other Citations
Ejidike v. Akunyili (1990) 5 NWLR (Pt. 152) 564
CORAM
ALOYSIUS IYORGYER KATSINA ALU, J.C.A. (Presided), GEORGE ADESOLA OGUNTADE, J.C.A. (Read the Leading Ruling), SAMSON ODEMWINGIE UWAIFO, J.C.A.
Core Terms Beta
applicants
defendants
lower court
order
parcel of land
exceptional circumstances
judgment
said piece
awka high court
better terms
farm land
fruits of their judgment
plaintiff
respondent
above case
act of judicial grace
affidavit depositions
annual value
behalf of ogbata family of okpu village
behalf of the akunyili family nkitaku
better terms of the order of injunction
date appeal
equal right
favour of the plaintiff
felix nnaife
first place
following conditions
following terms
grant of the order
grounds of appeal
judgment of high court awka
katsina-alu
leading ruling
learned trial judge
licence of the plaintiff
mr. egonu
mr. nwanah
nkitaku village agulu
present case
said judgment
said piece of land
special circumstances
stay of execution of the judgment
stay of execution of the terms
stay of r execution of the terms
successful litigant of the fruits of his litigation
such exercise
trial judge

OGUNTADE, J.C.A. (Delivering the Leading Ruling): The respondent on this application was the plaintiff at the Awka High Court where he claimed against the defendants/applicants the following reliefs:

"(a) Declaration of title to all that piece or parcel of land the annual value of which is estimated at £10 (?20.00) situate at Nkitaku village Agulu in Njikoka Division (Udo Agulu Division) known as and called "Nwagu be Asegbeobele."

(b)£100 damages for trespass in that sometime in 1968 within the period of the civil war and thereafter continuing the defendants without leave and licence of the plaintiff broke and entered upon the said piece or parcel of land and thereby caused damage and

(c)An injunction restraining the defendants, their servants, work- 1 men and agents from entering upon the said piece or parcel of land and/or interfering with the plaintiff's title, right or interest over the same."

The plaintiff brought the suit for and on behalf of the Akunyili family Nkitaku, Agulu again…

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