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OZOEMENE
V.
OZOEMENE

(2013) JELR 36017 (CA)

Court of Appeal 22 Feb 2013 Nigeria
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- The appellant (plaintiff) instituted an action at the High Court of Anambra State claiming a statutory right of occupancy, injunction, and damages for alleged trespass against the respondent (defendant) over a compound in Umubele village,

Case Details

Suit Number:CA/E/166/2007
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria
Counsel:Emeka Nwankwo For Appellant Doris Udensi For Respondent

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of P.C. Obiorah J. sitting at the High Court of Anambra State Awka delivered on 13th day of November, 2006.

The Appellant as Plaintiff issued a writ of summons dated 22/8/2000 against the Respondent. This culminated into his statement of claim dated 20/2/2003 and filed on 24/2/2003 wherein he claimed against the defendant (Respondent, herein) as follows:

(a) A declaration that the Plaintiff is the person entitled to a statutory right of occupancy over the compound or "Ngwulu" known as and called "Ngwulu" be Ozoemene Okoye" situate at Umubele village Awka.

(b) An order of perpetual injunction restraining the defend ant, his agents, servants or privies from further trespassing on the Plaintiff's said compound or "Ngwulu".

(c) The sum of N5,000 000.00 (five million naira) being damages for trespass.

The relevant pleadings of the parties are:

(a) The Plaintiffs Statement of claim dated…

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