OKOLO & ANOR
V.
IBEZIM & ANOR

(2018) JELR 38794 (CA)    

Court of Appeal  ·  CA/E/553/2016 ·  29 Jun 2018 ·  Nigeria
CORAM
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
1st respondent
motion
appeal
case
2nd appellant
notice
learned trial judge
representative capacity
2nd respondent
2nd defendant
3rd defendant
defendants
1st appellant
3rd defendants
appellants counsel
counsel
honourable court
notice of preliminary objection
fair hearing
following issues
mr. gabriel oko
notice of appeal
record of proceedings
set aside
adjourned date
error of law
legal capacity
2nd defendants
amended notice of appeal
applicants notice of preliminary objection
court processes
enjoyment of the said plot
enugu state
f.m.b.n. v. uwadiale
following reliefs
hearing date
hearing of the motion
hearing of the pending applications
high court of enugu state
later time
leading judgment
order of perpetual injunction
order of the honourable court
phone call
respondent serve hearing notices
respondents motion
service of the court processes
stamp duty
ways of acts of trespass

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): Walter Ibezim, the 1st respondent in this appeal Instituted Suit no. E/170/2013 at the High Court of Enugu State, Enugu Judicial Division and claimed the following reliefs against the appellants and the 2nd respondent:

"1. A declaration that the plaintiff is entitled to the right of occupancy over and in respect of plot 181, New Homeland II, lying and situate at Umuchigbo Iji Nike.

2. An order of perpetual injunction restraining the defendants acting by themselves or through their agents, servants or privies from interfering by ways of acts of trespass with the plaintiffs right to ownership and enjoyment of the said plot 181, New Homeland II, lying and situate at Umuchigbo Iji Nike.

3. The sum of Two Million Naira (2,000,000.00) being special and general damages against the defendants for their use of building materials belonging to the plaintiff and their acts of trespass on plot 181, New Homeland II, lying and si…

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