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NIKAGBATSE
V.
OPUYE

(2010) JELR 47547 (CA)

Court of Appeal 13 Jan 2010 Nigeria
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- This is an appeal against a decision made by the Warri Judicial Division of the Delta State High Court. - The appellant claimed ownership of a property and sought various declarations, orders, and damages against the respondent. - The low

Case Details

Suit Number:CA/B/283/99
Judges:GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria ALIABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Counsel:C.O. Scott-Emuakpor with him Mrs. M.I. Okoye For Appellant A.V. Etuwewe with him S.E.F. Agumor and T. Hamiltor For Respondent

OYEBISI .F. OMOLEYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Warri Judicial Division of the Delta State High Court (hereinafter called the lower Court) per J.A. Obi J, delivered on 30th November, 1994.

The Appellant herein was the plaintiff in the lower Court. He claimed against the Respondent as defendant for the following:

(a) A declaration that the property known as No. 71, Okere Road occupied by the defendant on which the defendant demolished a mud building to erect the present block building is the property of the plaintiff under Itsekiri native law and custom and that any purported grant of the said property to the defendant by one Eworitsemogha Oki or by any other person or persons is null and void or is hereby avoided. (sic)

(b) A declaration that the defendant residing at the said No. 71 Okere Road, Warri is doing so as a trespasser being in occupation without the consent, authority or permission of the plaintiff.

(c) An order ej…

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