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IKE & ANOR
V.
ANUDIKE & ORS

(2018) JELR 38691 (CA)

Court of Appeal 16 Jul 2018 Nigeria
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- The dispute centered on ownership and possessory rights to land at Obiagu, Uruagu, Nnewi, originally granted to the Respondents’ ancestor by the Appellants’ ancestor in 1885; the Appellants claimed subsequent forfeiture of rights by the R

Case Details

Suit Number:CA/E/84/2010
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:E.C. Chikaelo, Esq. For Appellant Jesse-Daniels Onuigbo For Respondent

JAMES SHEHU ABIRIYI, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment delivered on 18th January, 2008 in the High Court of Anambra State holden at Nnewi in suit No. HN/79/2004.

The Appellants who were the plaintiffs in the High Court (the Court below) took out a writ of summons against the Respondents as defendants. The claim of the Appellants against the Respondents was for the following:

(a) A declaration that the Defendants having challenged the Plaintiffs (sic) title over the land in dispute, have all forfeited their rights and/or interests over the same.

(b) A declaration that the Plaintiffs are entitled to the Certificate of Right of Occupancy (Statutory) over the land in dispute in reversion, as the Defendants have since 1968 left and/or abandoned same to the Plaintiffs.

(c) The Sum of N2m (Two Million Naira) being Special and General damages for trespass.

PARTICULARS OF SPECIAL DAMAGES

N K

1. Cost of One Iroko tree = 500,000.00

2. Cost of three (3) Fruiting…

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