OKAFOR
V.
UCHEBOR

(2001) JELR 57773 (CA)    

Court of Appeal  ·  CA/E/31/2000 ·  20 Dec 2001 ·  Nigeria
CORAM
JUSTIN THOMPSON AKPABIO, JCA (Presided) SULE AREMU OLAGUNJU, JCA MUSA DATTIJO MUHAMMAD, JCA (Read the Lead Judgment)
Core Terms Beta
appellants
appeal
interested persons
plaintiff
umudora anam
learned trial judge
party
parties
respondents
umudora anam community
necessary party
fair hearing
lower court
umuobinetiti quarters
1st appellant
interested person
lead judgment
umudora community
anambra state high court
communal ownership of the customary right of occupancy
fifth village
igwe enwelumonye jideani
trial court
1st set of defendant
anambra state high court rules
c.m.i. trading service ltd.
constitutional provision
court of law
decision of a. o. ezeani
denial of its right
fifth called umuobinetiti
firm view
high court onitsha
legal interest
lower court’s decision
members of umualor quarters of umudora anam
non-existence of a whole community
order of injunction
ownership of the plaintiff
part of the lower court
pleadings of parties
quarters of umudora anam
respondent’s case
respondent’s claim
result of the action
rights of possession
sons of umudora anam
sufficient materials
suit no. ot
uninterested party

MUHAMMAD, JCA (Delivering the Lead Judgment): This is an appeal by the appellants being interested persons against the decision of A. O. Ezeani, J. of the Anambra State High Court sitting at Otucha in suit No. OT/4/89. At the trial court, hereinafter referred to as the lower court, the plaintiff/respondent’s claim against the defendants/respondents were for the following reliefs:- “(1) A declaration that the plaintiffs and the defendants are together entitled to the communal ownership of the customary right of occupancy over the land in dispute verged green on the Plan No. AN/CA/1008/77.

N500.00 general damages for trespass against the 1st set of defendant and An order of injunction restraining the defendants, their servants and agents from in any manner whatsoever interfering with the rights of possession and ownership of the plaintiff and the other members of Umualor Quarters of Umudora Anam as one of the four quarters of Umudora Anam entitled to the communal ownership of the custo…

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