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AGUDOSI & ANOR
V.
AGUDOSI

(2017) JELR 37633 (CA)

Court of Appeal 27 Jan 2017 Nigeria
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Case Details

Suit Number:CA/E/315/2012
Judges:TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:G. N. Ibeh For Appellant A. C. Nsofor For Respondent

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal instituted suit No. CCNN/2/2002 at the Customary Court of Anambra State and claimed the following reliefs against the appellants as the defendants:

"(1) A declaration that the plaintiff is the bona fide owner of Obi Agudosi and the surrounding lands.

(2) An order of Court for defendants to move down to the portion of land inherited from their grandfather Ofodum.

(3) Order of Court for perpetual injunction restraining the defendants their agents or privies from further interference with the plaintiff's lands.

(4) AND for further other orders as the Court may deem fit to make in the circumstance."

On 18th March, 2008, the Customary Court entered judgment in favour of the respondent. The appellants filed a notice of appeal against the judgment. However, the appeal was struck out on 22nd June, 2010 by the Customary Court of Appeal for being incompetent and for want of jurisdiction. On 2nd Ju…

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