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MENKITI
V.
MENKITI

(2000) JELR 43986 (CA)

Court of Appeal 10 Feb 2000 Nigeria
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Case Details

Suit Number:CA/E/58/91
Judges:NIKI TOBI Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Counsel:L. A. Kwentoh, Esq. For Appellant J. R. Nduka, Esq. For Respondent
Other Citations:(2000) 8 NWLR (Pt. 667) 154, Menkiti v. Menkiti (2000) 8 NWLR (Pt.667)154

FABIYI, J.C.A.: (Delivering the Leading Judgment): The case which precipitated this further appeal to this Court initially commenced at Onitsha Customary Court in 1981 as Suit No. CCON/10/81, Ozomma C.N. Menkiti, the original Plaintiff, sued the Appellant as sole Defendant. Paragraph 10 of the plaintiff's claim at the Trial Customary Court reads thus:-

Wherefore the plaintiff claims against the defendant as follows:-

(1) A Declaration of title to a Customary Right of Occupancy and possession of a piece or parcel of land belonging to the Plaintiff and which land is located at 'Ani Ozala', Umezearoli, Onitsha.

(1) N500.00 (Five Hundred Naira) damages for Trespass committed by the Defendant on 'Ani Ozala'.

(3) Injunction, restraining the Defendant, her agents, servants, privies, or any person or persons claiming through the Defendant from further committing any act of trespass whatsoever on the plaintiff's said land at 'Ani Ozala'.

It can be seen at page 11, lines 27-29 of the record o…

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