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UNOKA
V.
AGILI

(2007) JELR 52889 (CA)

Court of Appeal 9 Feb 2007 Nigeria
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- The plaintiffs/respondents, as beneficiaries under their father’s will, instituted an action at the Delta State High Court claiming a declaration to a statutory right of occupancy, damages for trespass, and an injunction over land bequeat

Case Details

Suit Number:CA/B/84/2005
Judges:STANLEY S. ALAGOA JCA UWANI MUSA ABBA AJI JCA ALI ABUBAKAR BABANDI GUMEL JCA
Counsel:C. A. Nnyigide Esq. (holding the brief of G. R. I. Egonu SAN) for the Appellant; M. C. Ilondu (Mrs.) for the Respondent.

ABBA-AJI JCA (Delivering the Lead Judgment): By a writ of summons issued on the 11 September 2002, from the High Court of Justice, Delta State, in the Asaba Judicial Division, the plaintiff/respondents in this appeal claimed from the three defendants as follows

“(a) A declaration that the plaintiffs are entitled to the grant of a statutory right of occupancy in respect of the piece or parcel of land measuring 100 feet by 100 feet situate and lying at No. 19, Sir Opia Street, Off the Asaba/Onitsha Expressway almost opposite N.E.P.A. sub-station along Expressway, near Okwe junction, Asaba within the jurisdiction of this honourable court which piece or parcel of land shall be clearly delineated in a survey plan to be filed with the statement of claim.

(b) N500,000.00 (five hundred thousand naira) being general damages against the defendants/respondents for act of trespass committed on the said piece or parcel of land.

(c) An order of perpetual injunction restraining the defendants, their…

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