NSIEGBE & ANOR
V.
MGBEMENA & ANOR

(2007) JELR 48160 (SC)

Supreme Court 27 Apr 2007 Nigeria
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- The appellants claimed ownership of a piece of land in Port Harcourt and sought a declaration to that effect. - The trial court and the Court of Appeal dismissed the appellants' claims. - The appellants appealed to the Supreme Court. - Th

Case Details

Suit Number:SC.119/2000
Judges:UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
Counsel:Appellants absent and unrepresented For Appellant Respondents absent and unrepresented For Respondent
Other Citations:Nsiegbe v. Mgbemena (2007) 10 NWLR (Pt.1042) 364 (2007) 4-5 S.C. 1 (2007) 4-5 S.C. 1

U. A. KALGO, J.S.C (Delivering the Leading Judgment): In the Rivers State High Court, Port Harcourt Judicial Division, the appellants as plaintiffs claimed against the respondents for-

"(i) A declaration that the plaintiffs are persons entitled to the rights or certificate of occupancy of the piece or parcel of land lying, situate and being at No. 43 Ikwerre Street, Diobu, PortHarcourt which is verged YELLOW on survey plan No. CABR/35LDI79 of 31st January, 1979.

(ii) A declaration that the instrument of transfer purported to have been issued by the Abandoned Property Authority to the defendant in respect of the building on this land is null and void and of no effect whatsoever and is hereby revoked;

(iii) An injunction to restrain the defendant whether by himself or his servants or agents or otherwise howsoever from interfering with the plaintiff's rights of occupancy of the said land." Pleadings were ordered, filed and exchanged between the parties who thereafter called witnesses in…

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