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IBULUYA
V.
DIKIBO

(2010) JELR 56332 (SC)

Supreme Court 30 Apr 2010 Nigeria
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Case Details

Suit Number:SC.149/2001
Judges:MAHMUD MOHAMMED JSC (Presided) IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC (Read the Lead Judgment) CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC MUHAMMAD S. MUNTAKA-COOMASSIE JSC
Counsel:A.Ben Anachebe, SAN (with him, F. C. Anachebe (Mrs.), Shareef G -*- Mohammed and Charles Jibanu) - for the Appellants -*- C. A. N. Nwokeukwu (with him, L.T.C. Eruba Emeka Eze and F. I. Nwokeukwu (Mrs.)) - for the Respondents.

TABAI JSC (Delivering the Lead Judgment): This action was commenced at the Port Harcourt Judicial Division of the High Court of Rivers State on or about 23 August 1982 when the writ of summons was issued. The plaintiffs were the respondents at the court below and also the respondents herein and shall hereinafter mainly be referred to simply as the respondents. The defendants, on the other hand, were the appellants at the court below and also the appellants herein. I shall hereinafter refer to them mainly as the appellants. In the writ of summons, the respondents claimed three reliefs. In the statement of claim dated and filed on 25 February 1983, the respondents claimed four reliefs. The statement of claim was however amended on 28April 1988. In paragraph 15 thereof, therespondents claimed against the appellants jointly and severally for the following four reliefs:

A declaration that the plaintiffs are entitled to the grant of customary right of occupancy to the foreshore of Okrika c…

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