(2000) JELR 44088 (CA)    

Court of Appeal  ·  CA/B/297/98 ·  27 Mar 2000 ·  Nigeria
Other Citations
Olomu v. Garan (2000) 15 NWLR (Pt. 690)221
Olomu v. Garan (2000) 15 NWLR (Pt. 690) 221
Awuzie v. Nkpariama (2002) 1 NWLR (Pt. 747) 1
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
statement of claim
learned counsel
writ of summons
senior advocate
evidence of dw3
senior advocate of nigeria
chief judge
further amended statement of claim
leave of court
mr. e. l. umuze
ovwowho family of ekpan
plaintiff claims
trial judge
additional grounds of appeal
bendel state of nigeria
chief e. l. akpofure
facts of this case
firm of respondent
following issues
grant of n20,000.00 damages
issue of the nonexistence of the survey plan
issues numbers
jacob garan of no.
judgment of the delta state high court
judgment of the trial court
jurisdiction of this honourable court
leading judgment
licensed surveyor of no.
order of this court
respect of their respective cases
senior counsel
specific relief
statement of defence
submission of the learned counsel
sum of n20,000.00
support of their respective brief
survey plan of the land

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State High Court, sitting at Effurun, presided over by Hon. Justice Omo-Agege, Chief Judge. By writ of summons dated 22/4/86, the plaintiff who is the respondent in this appeal, claimed against the defendant who is the appellant, as follows:-

(a) The sum of N20,000.00 being damages for acts of trespass (which are still continuing) committed by the defendant in that he, the defendant, wrongfully broke and entered upon the plaintiff's land situated at Ekpan (Bendel State of Nigeria) within the jurisdiction of this Honourable Court during the last six years.

(b) A perpetual injunction to restrain the defendant, his servants, agents and/or privies from committing and/or continuing the afore-said acts of trespass.

A Survey plan of the land in question may be filed later. The defendant has failed refused and/or neglected to stop his acts of trespass inspite of repeated warnings by the plai…

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