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EZERIOHA & ORS
V.
MGBEAJULU & ORS

(2018) JELR 46194 (CA)

Court of Appeal 20 Feb 2018 Nigeria
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Case Details

Suit Number:CA/OW/422/2014
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:EZE S.O. EZE ESQ (who settled the brief) with him, CHUKWUEMEKA OKORO ESQ and IFEANYI EKEZIE ESQ For Appellant KEN C.O. NJEMANZE SAN (who settled the brief) with him, I.A. NJEMANZE ESQ and C. OZUUALA ESQ For Respondent

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellants filed this appeal against the judgment of Imo State High Court in Suit No. HOU/120/95, delivered on 24/6/2014 by Hon. Justice K.A. Ojiako, who held for the Claimants, that they had proved their ownership of the land in dispute, and made declarations for the Claimants (now Respondents).

At the Lower Court, by further amended statement of claim filed on 27/10/2006, Respondents had claimed as follows:

(a) A declaration that the Plaintiffs are entitled to the Statutory Right of Occupancy of that piece or parcel of land known as and called ISI NKWU situate and lying at Umuokanum, Ugbele, Mgbidi within this jurisdiction. Annual value of N20.00

(b) N300,000.00 general damages for trespass into the land in or around March 1993, the Defendants jointly and severally destroying thousands of economic trees, including oil bean, Icheku, Ube, Young Palm trees Bread Fruit and Indian Bamboo trees on the land.

(c) Perpetual injunction r…

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