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OGUEJIOFOR
V.
NWAKALOR

(2011) JELR 47013 (CA)

Court of Appeal 20 Jan 2011 Nigeria
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Case Details

Suit Number:CA/E/352/2008
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria CHUKWUDUMEDI SAMUEL OSEJI Justice of The Court of Appeal of Nigeria
Counsel:O. C. IIoanya, Esq., with K. N. Ogba, Esq. And Dr. P. Ogugua For Appellant Amaka Ezeno (Mrs.) For Respondent

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Respondent's father, Mr. Emmanuel Chinwuko Nwakalor, who died in December 1999, bought two plots of land at Ideghide Area, Igweogige Quarter, Amikwo Village, Awka, Anambra State, on 20th December, 1977.

In 2002, the Appellant entered one of the plots, put up a fence around it, and started building on it, which caused the Respondent to file an action against her at the High Court, Awka, through his next friend; his mother.

He filed a 21-paragraph Statement of Claim, wherein he averred that the land in dispute originally belonged to Amikwo, who begat four sons, including Igweogige. Igweogige, who also had four sons, inherited Ideghide land, and even though his sons constitute the four families that make up Igweogige, Amikwo Village, Ideghide land was not shared, and is owned in common by the four families. After Amawbia people encroached on parts of it, which led to fights, the families decided to sell some parts, and use…

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