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OMALE & ORS
V.
SOFADOH & ORS

(2013) JELR 35709 (CA)

Court of Appeal 21 Mar 2013 Nigeria
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Case Details

Suit Number:CA/PH/320/2006, CA/PH/321/2006
Judges:EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria S. J. ADAH Justice of The Court of Appeal of Nigeria
Counsel:V. R. Edoh appears for the Respondents in the appeal in 320 and Appellants in 321. For Appellant E. M. Essien appears for the Appellants in 320 and Respondents in 321. For Respondent

MODUPE FASANMI, J.C.A (Delivering the Leading Judgment): This is an Appeal against the judgment of the Bayelsa State High Court of Justice, sitting in Sagbama delivered on the 16th of June 2005. The appeal no. CA/PH/320/2006 and the Appeal No. CA/PH/321/2006 emanated from the same judgment delivered on 16/6/2006. The parties in both appeals are the same. Appeal No.CA/PH/321/2006 is in the nature of a cross-appeal.

An application seeking the order of this court consolidating the two appeals was filed on the 4th of May 2011.

The application was granted on the 6th of Nov.2012.

The Appellants who described themselves as Petitioners in the lower court i.e. Sagbama Customary Court took out summons against the Respondents. The claim by the Appellants was for the following reliefs.

(1) petitioners seeking from this Honourable Court for a title of ownership of four pieces or parcels of land lying and situate in between Tungbabiri town and Biugbene respectively.

(2) An order of interlocutory …

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