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NGOKA
V.
IFEZUE & ORS

(2016) JELR 41068 (CA)

Court of Appeal 24 Mar 2016 Nigeria
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- The appellant sought various reliefs including a declaration and damages against the first defendant. - The defendants failed to appear in court and did not cross-examine the claimant or his witnesses. - The trial court dismissed the case

Case Details

Suit Number:CA/OW/165/2013
Judges:RAPHAEL CHIKWE AGBO JCA IGNATIUS IGWE AGUBE JCA ITA GEORGE MBABA JCA
Counsel:Emmanuel Ukaegbu, Esq. with him, L. U. Ogwuegbu, Esq. For the Appellant; K. O. Osuagwu, Esq. with him, Peter N. Chinwokwu for the 4th Respondent.


IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Imo State delivered by the Honourable Justice C. A. Ononeze-Madu of the Orlu Judicial Division on the 5th day of December 2012 in the above headed Suit No. HOR/126/2004. The Appellant as Claimant in the lower Court had by a Writ of Summons dated and filed on the 20th day of December, 2004 and his Statement of Claim dated and filed on the 22nd day of February, 2006 sought for the following Reliefs against the Respondents in paragraph 14 thereof:

"a. A Declaration that the Plaintiff is the Head (Diokpara) of Duruobiaku Village Amanator Ihite Autonomous Community in Orlu Local Government Area of Imo State.
b. ₦10,000,000.00 (Ten Million Naira) general damages against the 1st Defendant to the Plaintiff for the 1st Defendant's wrongful claim of the Headship of Duruobiaku Village aforesaid.
c. Perpetual injunction restraining the 1st Defendant from claiming, parading himself …

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