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NWAKAJI & ORS
V.
OSAROLUKA & ANOR

(2014) JELR 39960 (CA)

Court of Appeal 21 Feb 2014 Nigeria
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- The plaintiffs sought declarations of title, damages for trespass, and an injunction over parcels of land against the defendants, later joined in a representative capacity for the Akpajo Community; all original defendants but the second s

Case Details

Suit Number:CA/PH/452/2009
Judges:EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
Counsel:J. Fakado Esq. with Iwowari Godwin (Miss) For Appellant G. V. Obamam Esq. who settled Respondents' Brief - absent though served For Respondent

EJEMBI EKO, J.C.A.:(Delivering the Leading Judgment): This suit no NHC/26/93 originally filed at the Rivers State High court holden at Nchia had four reliefs being claimed against MR. FAKIRI ZEIN and G. and S. OILFIELD SERVICE LIMITED as the defendants. The reliefs are as follows -

"1. A DECLARATION that the Statutory Right of Occupancy over and in respect of those pieces or parcels of land locally known as and called "OGWUGWU NGESIA" and "ECHI OJUA" within the plaintiffs larger "OKA EPA ETA NGESIA" land situate/lying and being at Akpajo Town, Eleme in Eleme Local Government Area within the jurisdiction of this Honourable Court vests in the plaintiffs.

2. A DECLARATION that any purported lease granted to the defendant by the Akpajo Community or any other person or group in Akpajo Town is null and void and of no effect as the prior consent of the plaintiffs, owners of the land was not sought and obtained.

3. The sum of N3,000,000.00 (Three Million Naira) damages for trespass.

4. A PERP…

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