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EZEAKU
V.
ANACHUNA & ORS

(2016) JELR 45863 (CA)

Court of Appeal 1 Jul 2016 Nigeria
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- This is an appeal against a judgment in a land dispute case. - The appellant claimed damages for trespass and an injunction against the respondents. - The respondents counterclaimed for a declaration that they are the owners of the land a

Case Details

Suit Number:CA/E/79/2012
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:G. U. Moneke, Esq. with him, J. O. Ezeh, Esq., Ifeoma Ijeoma (Miss) and N.C. Ilechukwu, Esq. For Appellant Cyprian O. I. Agwunwa, Esq. For Respondent

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State sitting in Awka Judicial Division delivered in suit No. A/128/2002 on 12th December, 2011. The appellant as the plaintiff claimed the following reliefs against the respondents as the defendants:

"(a) N500, 000 damages for trespass.

(b) An order of perpetual injunction restraining the defendants, their servants and agents from entering the plaintiff's Obeagu land (farming and planting economic crops inclusive) or remaining on the plaintiff's Obeagu land verged pink in the Plan No. EZ/AN/D01/2003 or doing anything thereon or from in any manner continuing in their acts of trespass in the same portion verged pink or doing anything whatsoever in the entire land of the plaintiff verged blue in survey Plan No. EZ/AN/D01/2003.

(c) A declaration that the plaintiff is entitled to a grant of a statutory right of occupancy over Obeagu land situate at Isi…

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