UBAEZONU, JCA (Delivering the Leading judgment): The 1st respondent Chief Christian Uba, commenced a proceeding under the Fundamental Rights (Enforcement Procedure) Rules 1979 against the appellants, Dr. Okoroma and Mrs. Okoroma at the Federal High Court Enugu. The other respondents are police officers who were joined in the suit. The reliefs sought against the respondents were:
"(i) Declaration that the applicant's right of way or easement and profits unto or over the open space adjoining: plot H3 New Haven East Layout, Enugu is appurtenant to the properly right in respect of the premises situate and known as Plot H3 New Haven East Layout, Enugu
(ii) Declaration that the conduct of the respondents in estopping and/or preventing the applicant from reaping or enjoying profits appurtenant to the said plot H3 and ingress and egress over and unto the open space adjoining the said plot H3 constitutes violation of sections 38 and 40 of the Constitution of Federal Republic of Nigeria, 1979.
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