(2021) JELR 108911 (CA)    
Court of Appeal  ·  CA/AS/459/2016 ·  15 Mar 2021 ·  Nigeria
Mohammed Ambi-Usi Danjuma Justice of the Court of Appeal Joseph Eyo Ekanem Justice of the Court of Appeal Abimbola Osarugue Obaseki-Adejumo Justice of the Court of Appeal

ABIMBOLA OSARUGUE OBASEKI – ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice, Orerokpe, Delta State per T. O. ULOHO (MRS) delivered on the 24th of March, 2016. Wherein judgment was entered in favour of the 1st Respondent, granting the reliefs of the 1st Respondent and dismissing the Counter – Claim of the Appellant


The Appellant’s case that in 2011, he acquired the land in dispute from the 2nd Respondent, without prior notice of the 1st Respondent’s interest. He stated that the 2nd Respondent assured him that he had not sold the land to any other person before and that he was the owner of the Blocks and white sharp sand on the land. He stated that the 2nd Respondent executed a Deed of Conveyance in his favour in 2011. The Appellant urged the Court to declare him the owner of the land in dispute claiming he has built a house on the land in dispute after acquiring same in 2011. That CW1 under cross…

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