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ONWUAKPA & ORS
V.
ONYEAMA & ORS

(2018) JELR 38437 (CA)

Court of Appeal 18 Jul 2018 Nigeria
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Case Details

Suit Number:CA/E/127/2016
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:Chief O. Ugolo, SAN, FCIArb with him, I. I. Iloani, Esq. For Appellant Nnenna Onyeama, Esq. for herself - 1st respondent.Chief P.M.B Onyia, Esq. with him, Chidika Nwuzo, Esq. for the 2nd- 4th respondents. For Respondent

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): The Respondents were plaintiffs at the High Court of Enugu State where a Writ of Summons was issued at their instance sometimes in October, 2003.

The Original Writ of Summons and Statement of claim had been revised a number of times culminating in the last pleading at pages 42-45 of the record of appeal, that is, the amended Statement of claim dated the 5th June, 2012 and filed on the 7th June, 2012.

By the said pleading, the claim of the plaintiffs now respondents at paragraph 8 of the amended Statement of claim is for:-

(a) N2, 000, 000. 00 (Two Million Naira) Special and general damages for trespass to the said land.

PARTICULARS OF SPECIAL DAMAGES.

i. Cost of rebuilding the extension of the piggery house knocked down. N400, 000. 00 (Four Hundred Thousand Naira).

ii. Cost of rebuilding the extension of the guest chalet knocked down N600, 000.00 (Six Hundred Thousand Naira)

(b) A perpetual injunction restraining the Defendants,…

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