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LINUS NWACHUKWU
V.
OWERRI MUNICIPAL COUNCIL & 2 ORS.

(2021) JELR 111465 (SC)

Supreme Court 10 Dec 2021 Nigeria
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Case Details

Suit Number:SC.163/2015
Judges:Mary Ukaego Peter-Odili, JSC Kudirata Motomore Olatukumbo Kekere-Ekun, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC Emmanuel Akomaye Agim, JSC
Counsel:Louis M. Alozie, SA with Chukwudi Adiukwu, Esq. for the Appellant. Owerri Municipal Council for the 1st Respondent. C. K. Uzoma, Esq. with Kelechi Obi, Esq., for the 2nd Respondent. S. Amadi-Obi, Esq. for the 3rd Respondent.

MOHAMMED LAWAL GARBA, JSC (Delivering the Lead Judgment): The 3rd Respondent had dragged the 1st, 2nd Respondents and the Appellant as 1- 3 Defendants, before the High Court or Imo State, sitting at Owerri (trial Court), in suit No. HOW/510/2009 and claimed as follows:-

''16. Wherefore the claimant claims against the defendants joint and severally as follows:-

a. A declaration that the claimant was, allocated stall number OWHC/NM/SC 001 New Market shopping Complex Douglas road Owerri.

b. An order of perpetual injunction restraining the defendant from reallocating the said stall lo another person other than the claimant.

c. N6000000 special and general damages for interfering with the claimant's possession of the said stall."

The facts, briefly, upon which the claimants were predicated, as set out in the Statement or Claim dated 13th October, 2009, are that the 3rd Respondent a trader, approached the 2nd Respondent as Chairman of the 1st Respondent for a stall in the new Market Shopping…

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