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NZE
V.
ONYEACHUGWO

(2013) JELR 35904 (CA)

Court of Appeal 22 Mar 2013 Nigeria
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- The dispute concerned land (Ala Nwokwu) in Umungada Irete, Imo State, with the plaintiff/Respondent claiming it as his by inheritance, while the defendant/Appellant asserted purchase from the family (Umuogbuehi), tendering a receipt (Exhi

Case Details

Suit Number:CA/PH/353/2006
Judges:JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria
Counsel:M.I. Ahamba (SAN), with C.C. Okoroaja, Esq., K.O. Ahamba, Esq; and O.U. Okajo (Miss), For Appellant J.I. Ogamba, Esq. For Respondent

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of N.O. Adigwe J. of the High Court of Owerri and delivered on the 16th day of May 2005.

The Appellant was the defendant in the lower court and the judgment was in favour of the Plaintiff/Respondent whereby the judge granted all the reliefs sought by the plaintiff.

Dissatisfied with the said judgment the Defendant/Appellant has now brought this appeal. The reliefs sought by the Plaintiff in the lower court were as follows:

1. N1,000.00 being damages for trespass to the plaintiff's parcel of land known as and called "ALA NWOKWU" in the plaintiff's possession situate at Umungada Irete within the jurisdiction of this court.

2. An injunction restraining the defendant by herself, servants, and/or agents from committing further acts of trespass on the said land.

The brief facts of the case are thus:

The land in dispute known as "ALA NWOKWU" is a portion of a larger parcel of land situate at…

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