Nwabueze Nwankwo & Anor V. Bernard Uguru Agwo & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

The Claimants, now Appellants, filed a suit in the High Court of Abia State in Suit No. HU/96/2013 against the Defendants, now Respondents, as per the writ of summons on 11/06/13 and the statement of claim filed on 7/12/13 seeking the following reliefs:

?(a) A declaration that the Claimants are entitled to the statutory right of occupancy of a piece or parcel of land known as and called ?ISI OBA UKORO? situate at Ofeke Ndume Ibeku Umuahia in Umuahia North Local Government Area, Abia State, within the jurisdiction of the Court, with an annual rent value of N10.00.

(b) The Sum of Nine hundred Thousand Naira being special and general damages for trespass to the aforesaid piece or parcel of land by the Defendants.

(c) An order of perpetual injunction permanently restraining the Defendants, servants, agents and/or work men from entering or interfering with the ISI OBA UKORO land in any manner whatsoever.?

The particulars of special damages were stated as follows:

(a) 320 Yam Plants at N250.00 each = N75,000.00

(b) 500 Cassava Stems at

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N200.00 each = N100,000.00

(c) 250 Maize Stands at N200.00 each = N50,000.00

Total Special Damages = 225,000.00

General Damages = 675,000.00

The above claims were also reflected on the amended Statement of Claim filed by the Appellant on page 204 of the Records of appeal. That was in reaction to the statement of defence by the Respondents, filed on 17/10/2013, and the subsequent replies filed by the parties.