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EZENWA
V.
EJIKE & ANOR

(2018) JELR 39465 (CA)

Court of Appeal 9 Mar 2018 Nigeria
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- The appellant sought declaratory and injunctive reliefs in respect of land (Ngafega Mgboko Ezenwa) in Aguluezechukwu, Anambra State, claiming title by inheritance under customary law and based on alleged redemption rights after a pledge.

Case Details

Suit Number:CA/E/597/2014
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:O. E. Okeke, Esq. For Appellant O. J. Enemuoh, Esq., with him, C. N. Ijebunor, Esq. For Respondent

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Anambra State, holden at Ekwulobia, delivered on 16th December, 2013, which dismissed the appellants claim.

In the appellants amended statement of claim, the following reliefs were prayed for, to wit:

(a) A declaration that the plaintiff is entitled to the customary right of occupancy over the piece or parcel of land called Ngafega Mgboko Ezenwa.

(b) A declaration that the Plaintiff is free under Aguluezechukwu custom to redeem the said land on return of the 7 goats or their monetary equivalent.

(c) An order of the Court permitting the plaintiff to give the seven goats or their monetary equivalent to the Defendant or deposit the money in the Court Registry for him.

(d) A perpetual injunction restraining the Defendant, his agents, privies, servants and associates from trespassing or continuing to trespass into the land now in dispute.

The Appellants claim is that the land in …

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