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MADUKA & ORS
V.
ANYADIEGWU

(2014) JELR 36414 (CA)

Court of Appeal 22 Aug 2014 Nigeria
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- The respondent (plaintiff) claimed declaration of title, damages for trespass, and injunction in respect of land, tracing title by traditional evidence from original founder Oba through successive generations; the appellants (defendants)

Case Details

Suit Number:CA/E/178/2010
Judges:MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:N.F.P. Egonu Esq. For Appellant Mrs. Nneka Ozowara For Respondent

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court, Anambra State, Idemili Judicial Division, sitting at Ogidi, hereinafter referred to as the lower court, in Suit No. HID/171/2006, delivered on the 30th day of May, 2008. In the decision of the said lower court, Hon. Justice J. I. Nweze, J. entered judgment in favour of the plaintiff who is hereinafter referred to as the respondent.

Briefly put, the facts of the case are that the respondent as plaintiff, initially commenced Suit No. CCOB/49/97 at the Customary Court, Oba, claiming declaration of title, damages for trespass and injunction against the 1st defendant alone. About two years after the said commencement of the suit, two other defendants applied to be joined in the suit and they were subsequently joined. The three defendants are hereinafter referred to as the appellants. By order of the Administrative Judge in charge of Idemili Judicial Division, dated …

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