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ALANWOKE & ORS
V.
NKWOCHA & ANOR

(2018) JELR 39932 (CA)

Court of Appeal 2 Feb 2018 Nigeria
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Case Details

Suit Number:CA/OW/386/2013
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:M.C. Onyekpere For Appellant C. C. Emeruem For Respondent

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): It is clear from a community reading of the claimants statement of claim that the defendants allegedly broke and entered the claimants land in 1996. There is nothing ex facie the statement of claim that shows that the defendants dropped this challenge and withdrew from the said property anytime before the appellants sued in 2010. The trial Court was right to hold that the appellants suit in 2010 was statute barred. This appeal is dismissed with N50,000.00 costs to the Respondents.

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree

ITA GEORGE MBABA, J.C.A.: I agree

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