Christopher Anodebe & Ors V. Clement Obodo & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On 1-12-1988, the respondents herein as plaintiffs filed a claim and caused the issuance of a writ of summons on the same day in the High Court of Anambra State at Amawbia/Awka Judicial Division commencing Suit AA/173/88 against the appellants as defendants.

The plaintiffs claimed for-

(a) A declaration that they are entitled to customary right of occupancy of the piece or parcel of land known as and called “Ugwu Aro” situate at Umudunu, Abagana.

(b) 50,000.00 damages for trespass committed on the said land on the 7th of April, 1988

(c) Injunction restraining the defendants, their servants, agents and privies from further trespass on the land.

The case was tried on the basis of the following pleadings 3rd further amended statement of claim and 4th further amended statement of defence.

The plaintiffs adduced evidence through 5 witnesses in support of his claim. The defendants adduced evidence through 6 witnesses to rebut the plaintiffs’ case.

Following conclusion of evidence by both sides and after the filing, exchange and adoption of the written addresses, the

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trial Court on 26-10-2009 rendered judgment granting all the reliefs claimed for by the plaintiffs.

Dissatisfied with this judgment the defendants, on 3-8-2011 commenced this appeal No.CA/E/205/2012 by filing a notice of appeal containing 6 grounds for the appeal. In the same notice, it is stated that the appeal is also against the ruling of the trial Court delivered on 24-10-2008.

Both sides have filed, exchanged and adopted their respective briefs of argument as follows- appellants’ brief and respondents’ brief.

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