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OSSAI-UGBAH & ORS
V.
AGOLO

(2014) JELR 40252 (CA)

Court of Appeal 28 Jan 2014 Nigeria
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Case Details

Suit Number:CA/B/178/2012
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Counsel:E.K. Ossai Esq. For Appellant S.O. Agbede For Respondent

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the Judgment of the High Court of Delta State, holden at Obiaruku Judicial Division, which was delivered on March 6, 2012 in Suit No. HOB/6/2009. By the said Judgment, the lower court, coram the Hon. Justice MN Obi, dismissed the Appellant's claim and granted the Respondent's counter claim, to the effect that the Respondent was entitled to a customary Right of Occupancy over the parcel of lands known as Nos. 15A and 15B Ikpeteshi Street, Umutu, and perpetual injunction against the Appellants.

By the Writ of Summons and Amended Statement of claim thereof, dated 07/6/10, the Appellants sought against the Respondent the following reliefs -

i. A declaration that the Plaintiffs are under the native laws and custom of Umutu people, entitled to a customary Right of Occupancy over all that parcel of land known as and called No. 15 Ikpeteshi Street, Umutu.

ii. N1, 200,000.00 (One million and…

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