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NWEBUBE
V.
NTEPHE

(2016) JELR 40873 (CA)

Court of Appeal 10 Nov 2016 Nigeria
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Case Details

Suit Number:CA/E/163/2012
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Counsel:L. A. Kwentoh, Esq. For Appellant Ben Osaka, Esq. with Emeka Nzegwu, Esq. and Miss Margaret Oputa For Respondent

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment):This appeal is sequel to the judgment delivered on 30th January, 2012 at the Anambra State High Court of Justice, holden at Ekwulobia. The appellant was the plaintiff at that Court. He had claimed:

(i) Declaration that the customary tenancy hitherto existing over the land in dispute variously called No. 23 or 22B Bishop Onyeabor Street, Inland Town, Onitsha has been determined by the completion by the Defendant of the Defendant's own house on Defendant's father's land verged BR0WN in Plaintiffs Plan.

(ii) Recovery of possession of the land in dispute variously called No. 23 or 228 Bishop Onyeabor Street, Inland Town Onitsha from the Defendant.

(iii) Perpetual injunction restraining the defendant, his servants, agents and privies from remaining, entering, occupying the land in dispute or part thereof or in any manner trespassing on the land in dispute.

ALTERNATIVELY, the appellant prayed for:

(i) Order for forfeiture of the customa…

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