EZINWA
V.
AGU

(2003) JELR 52700 (CA)

Court of Appeal 15 Jan 2003 Nigeria
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- Plaintiffs/appellants sought a declaration of a customary right of occupancy over land (“Aniokpa Ajaezi Umuokpalla”) at Nachi, damages for trespass, and a perpetual injunction against the defendants/respondents; the trial court dismissed

Case Details

Suit Number:CA/E/112/92
Judges:IGNATIUS CHUKWUDI PATS-ACHOLONU, JCA (Presided) JOHN AFOLABI FABIYI, JCA (Read the Lead Judgment) CLARA BATA OGUNBIYI, JCA
Counsel:Chief Enechi Onyia, SAN (with him, C. Eze, Esq.,) - for the Appellants. -*- Chief A. O. Mogboh, SAN (with him, B. C. Okoye (Mrs.), H.C.A. Ume (Mrs.) and G. A. Ezema (Miss)) - for the Respondents.

FABIYI, JCA (Delivering the Lead Judgment): This is an appeal against A the judgment of Okadigbo, J., delivered at the High Court of Justice Enugu then in the old Anambra State of Nigeria on 29th March, 1988. The learned trial Judge dismissed the plaintiffs’ claim. They felt dissatisfied and have,

ex debito justitiae , appealed against the judgment to this court.

The plaintiffs’ claim before the trial court can be seen in paragraph 23 of their statement of claim which reads as follows:-

“23. WHEREFORE, the plaintiffs claim against the defendants jointly and severally as follows:-

Declaration of a customary right of occupancy to the piece or parcel of land known as and called ‘Aniokpa Ajaezi Umuokpalla’ situate at Agballenyi Nachi andmore particularly delineated in Survey Plan No. EP/

AN 2132 LD and verged BLUE filed with this statement of claim.

N28,000.00 damages being:

N8,000.00 special damages for the destroyed building.

N20,000.00 general damages.

Perpetual injunction restraining the d…

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