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EBERE & ORS
V.
IMSU & ORS

(2016) JELR 41045 (CA)

Court of Appeal 26 May 2016 Nigeria
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Case Details

Suit Number:CA/OW/79/2012
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:Ezeohiri Fred Njemanze, Esq. For Appellant Mazi V. N. Udegbulem, Esq. for 1st and 2nd RespondentsC. N. Akowundu, Esq. (Director, Civil Litigations, Ministry of Justice, Imo State) For Respondent

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Imo State Holden at Owerri in Suit No. HOW/245/2003 in which the Court presided over by the N. B. UKOHA, J dismissed the claims and reliefs of the Claimants on the 17-1-2011. The Claimants claimed against the Respondents the following reliefs at paragraph 16 (1), (2), (3), (4) and (5) of the Statement of Claim, thus;

"16. WHEREFORE the Plaintiffs' claim against the Defendants jointly and severally as follow;

1. Declaration that the Plaintiffs are entitled to the statutory right of occupancy in and over the pieces or parcels of land known as and called OKO OHIA ONUNWA OKPOKORO and NWANRU situate at Umuoye Irete Owerri Imo State.

2. Declaration that the purported acquisition of the aforesaid pieces or parcels of land by the 3rd and 5th Defendants or by the Imo State Government is null and void and off no effect.

3. Declaration that the purported allocation or grant of …

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