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OBIAKU
V.
EKESIOBI

(2002) JELR 53832 (CA)

Court of Appeal 14 Nov 2002 Nigeria
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- The appellants (plaintiffs) sought a declaration of entitlement to the customary right of occupancy over land in the respondents' possession, claiming the land was only pledged to the respondents and not sold outright; respondents contend

Case Details

Suit Number:CA/E/65M/2001
Judges:EUGENE CHUKWUEMEKA UBAEZONU, JCA (Presided) IGNATIUS C. PATS-ACHOLONU, JCA (Read the Lead Judgment) JOHN AFOLABI FABIYI, JCA
Counsel:C. A. Nwokike, Esq. - for the Appellants. -*- A. C. Anaenugwu, Esq. - for the Respondents.

PATS-ACHOLONU, JCA(Delivering the Lead Judgment): Land, land, land everywhere and yet people are ready to die, tell false history of devolution of title to land and are ever ready to destroy, to main and kill in their eargerness or overzealousness to fight, and possess land. In the quest for pursuit of land in our society no holds are barred, and so many have perished ignominiously in land disputes. These disputes never end and the enmity and vendetta they generate pass from generation to generation; for these disputes, these controversies continue unabatingly inspite of the great Land Use Decree. This shows really the ineffectiveness of that Act.

The appellants as plaintiffs had instituted an action at the Abagana

Customary Court of Appeal for a declaration by that court that they are entitled to the customary right of occupancy of the land in the possession of the respondents which the former averred got into the possession of the respondents by a pledge made by their father to the …

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