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IWUDIBIA
V.
ONYEJEKWE

(2018) JELR 39183 (CA)

Court of Appeal 15 Feb 2018 Nigeria
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- This case involves an appeal filed by the plaintiff against a decision of the Imo State High Court. - The plaintiff claimed a declaration of statutory rights of occupancy in a piece of land known as OBORO. - The lower court dismissed the

Case Details

Suit Number:CA/PH/263/2009
Judges:MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:Chukwuemeka N. Okoro, Esq. For Appellant R. N. Ogbuokiri Esq. (Mrs) For Respondent

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal filed by the plaintiff at the lower Court (now appellants) against the decision of Imo State High Court delivered on 7/11/2008 in Suit No. HOU/177/95.

By paragraph 12 of his amended statement of claim the plaintiff (now appellant) claimed from the defendant as follows:

12. WHEREFORE the Plaintiff claims from the Defendant as follows:

(a) A declaration that the two families of Umuonwuchekwa and Umuonyenoha of Umumba kindred are entitled to statutory rights of occupancy in respect of a piece or parcel of land known and called OBORO situate at Imeoha Mgbidi shown delineated and verged pink in the Survey Plan No. AS.A/IMD 159/87.

(b) A declaration that any sale of the said OBORO LAND verged pink to the Defendant is void and of no effect.

(c) Perpetual injunction restraining the Defendant by himself, his agents or servant from further trespassing into the said OBORO LAND delincated an…

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