UCHENDU & ANOR
V.
NWANNE

(2018) JELR 38734 (CA)    

Court of Appeal  ·  CA/OW/65/2017 ·  13 Jun 2018 ·  Nigeria
CORAM
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
appellants
learned counsel
1st appellant
2nd appellant
evidence
learned trial judge
favour of the respondent
1st claimant
lower court
issues
counter claim
appellants counsel
acts of ownership
change of ownership
counsel
leading judgment
pieces of evidence
said shop
2nd appellants husband
appellants case
decision of the lower court
husband of the 2nd appellant
local government area of abia state
undisturbed possession of the shop
abia state
appellants brief of argument
appellants claim
approval of ugwunagbo local government council
ayobode olujimi lokulo-sodipe
claim
end of the trial
establish position of the law
imo state
judgment of the high court of abia state
local government area
o. j. aguh of counsel
respective briefs of argument
respect of suit no. hos
respondent counter
respondents case
respondents counsel
result of the councils decision
rightful owner of shop no. aa19
said judgment of the lower court
said mr. jonathan emeti
shop no. aa
special damages of n100,000.00
ugwunagbo local council allocation certificate
view of the respondents disturbance

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Abia State, holden at Osisioma (hereinafter referred to as the lower Court), delivered in respect of Suit No. HOS/6/2013 by Hon. Justice Obisike Oji, J., on the 21st day of July, 2016.

The suit whereat this appeal emanated was commenced by the claimants/appellants vide a claim dated and filed on the 18th day of January, 2013 whereby the appellants claimed against the defendant/respondent for the grant of the following reliefs:

1. Declaration that the 1st claimant is the rightful owner of shop No. AA19 at the Asa Nnetu Motor Spare Parts Shop in Ugwunagbo Local Government Area of Abia State.

2. Perpetual Injunction restraining the defendant and person(s) claiming through his authority from trespassing into the said shop.

3. Special damages of N100,000.00 (One Hundred Thousand Naira) for anxiety caused the claimants; and loss due to time wasted, including incarcerat…

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