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OBO & ORS
V.
OBAJI & ORS

(2016) JELR 40870 (CA)

Court of Appeal 16 Nov 2016 Nigeria
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- This is an appeal against a judgment of the High Court of Cross River State. - The respondents claimed a declaration of customary right of occupancy over a piece of land and an order of perpetual injunction against the defendants. - The d

Case Details

Suit Number:CA/C/345/2014
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Counsel:F.N. NACHAMADA, ESQ.with him, G.O. OKABA, ESQ. and O.B. EKWANU, ESQ. For Appellant K. U. EJUKWU, ESQ. For Respondent

MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Cross River State, Obubra Judicial Division delivered on 2/5/2014 by his Lordship, Honourable Justice Edem Ita. By a Writ of Summon filed on 08/03/2010, the Respondents as Claimants, claimed against the Appellants, as Defendants as follows:

1 . A Declaration that the people of otegha non paternal family of Ogamana are entitled to the customary right of occupancy over the "OGBOGHlM - RUK FARM LAND" which land is bounded in the North by the landed property of the 3rd claimant paternal family, south by the contiguous landed property of the Otegha-neng Ohane- edda road the land is bounded by a seasonal stream bed that channel water (during rainy season to the "Udiriberebere stream,'

2. An Order of perpetual injunction restraining the Defendants either by themselves, their privies, agents, servants, hirelings, cohorts, cronies or assigns from entering, interfering, tre…

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