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JONATHAN
V.
NWAGWA & ORS

(2018) JELR 40826 (CA)

Court of Appeal 2 Feb 2018 Nigeria
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Case Details

Suit Number:CA/OW/258/2014
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:C. C. Elele with him, T. O. Adiele, N. C. Onwueje and K. E. Nwangwa. For Appellant David Onyeike with him, C. A. Aliga For Respondent

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): It is clear from the statement of claim that as at 1972 the appellant who was claimant at the Court below discovered the Respondents possessed of the land in dispute. They never returned possession to the appellant as at April 2011 when he filed his suit. All his prayer in prayers A, B and C of his statement of claim were properly determined by the trial Court as statute barred. However, the cause of action relating to the unlawful detention of the appellant arose in July 2009. As at the time the suit was commenced, the prayer relating to unlawful detention was not statute barred. This part of the appeal succeeds. The prayer relating to unlawful detention is hereby returned to the Imo State High Court for trial de-novo. There shall be no order as to costs.

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree with the reasoning of my learned brother, AGBO, JCA in the leading judgment in this appeal and I have nothing to add thereto…

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