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ADESHI
V.
OKO

(2010) JELR 56663 (CA)

Court of Appeal 21 Apr 2010 Nigeria
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Case Details

Suit Number:CA/C/17/2009
Judges:JAFAARU MIKA’ILU JCA (Presided and Read the Lead Judgment) N. S. NGWUTA JCA JEAN OMOKRI JCA
Counsel:Matthew M. Ojua Esq. - for the Appellants. B -*- Mba E. Ukweni Esq. - for the Respondent.

MIKA’ILU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Cross River State holden at Ogboja deliveredby hislordship, Hon. Justice Michael Edem on3 November 2008. The background of the case is that the people of Ogboja prior to 1996 functioned as a single entity and dealt with their land in that capacity. The appellant in 1977 acquired landfrom the said community and proceeded to take possession of same by planting palms and other economic trees therein. In 1996, the Cross River State Government created additional clans and consequently split Ogboja community into clans, Ishikareb beingone of the two clans. The respondents misconceived the clan creation to mean the conferment of power to repudiate all land transactions entered into by the Ogboja community. Thus predicated on their understanding of clan creation, the respondents took out an action in the High Court of Justice, Ogboja, claiming among other reliefs that the land in dispute…

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