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EZENWUNNE
V.
UZOUKWU & ORS

(2018) JELR 40521 (CA)

Court of Appeal 14 Feb 2018 Nigeria
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- The 1st Respondent claimed entitlement to market stall AJ/27A at Onitsha Main Market, subsequently demolished and allegedly subdivided into three stalls (NMB/24, NMB/25A, and NMB/25B), and challenged their reallocation to the Appellant an

Case Details

Suit Number:CA/E/416/2008
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:Ejike Ezenwa, Esq. For Appellant V.C Ezewudo, Esq.- 2nd RespondentThe 1st Respondent was duly served on 26/11/16The 3rd and 4th Respondents were duly served on 05/12/16The 5th Respondent was duly served on 26/11/16 For Respondent

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the Anambra State High Court sitting at Onitsha, delivered by C. O. Nweke, J. on 2nd November, 2007 in Suit No. 0/107/96.

The action was initiated by 1st Respondent culminating into this appeal wherein the following reliefs were sought for:

(i) A Declaration that stalls No. NMB 25A, NMB 25B and NMB 24 are one and the same stall known as AJ/27A and that same belonged to the Plaintiff.

(ii) A Declaration that any purported allocation of the Plaintiff's stall AJ/27A renamed NMB 24, NMB 25A and NMB 25B to the 1st 4th defendants are unlawful illegal and void.

(iii) A Declaration that before the Plaintiff is dispossessed of the stall No. AJ/27 A, there must first be a revocation order by the Local Government authority.

(iv) An Order of injunction restraining the defendants, their servants, agents, and/or assigns from committing further acts of trespass on the land or in any manner disturbing the pl…

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