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OCHIN & ORS.
V.
EKPECHI

(2000) JELR 44039 (CA)

Court of Appeal 31 Jan 2000 Nigeria
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Case Details

Suit Number:CA/E/197/88
Judges:NIKI TOBI Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Counsel:Elder Chief K. Uko For Appellant A. J. Offiah (Mrs) For Respondent
Other Citations:(2000) 5 NWLR (Pt. 656) 225, Ochin v. Ekpechi (2000) 1 NWLR (Pt.656)225

TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of a piece of land near the Enugu airport. It is situate along Enugu - Abakaliki Road, Two suits were consolidated: Suits Nos. E/448/82 and E/84/83. Suit No. E/448/82 was field by the plaintiff on record. He is now the respondent. Suit No. E/84/83 was filed by the defendants on record. They are now the appellants. The learned trial Judge ordered the consolidation of the two suits on 31/10/84.

The case of the plaintiff as summarized by the learned trial Judge is that he was granted a lease of the land in dispute by the original owners that is, the Umuenwene Iji-Nike family. He took a surveyor to the land who surveyed it and produced plan No. FCO/P.1068/75 dated 1/2/76. He registered a conveyance at the Land Registry as No. 58 at page 58. Volume 834, which was admitted as Exhibit B. The plaintiff went into possession immediately after the execution of Exhibit B and exercised rights of ownership until December, 19…

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