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OSUJI
V.
EKEOCHA

(2009) JELR 47350 (SC)

Supreme Court 10 Jul 2009 Nigeria
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- The appellant sued the deceased father of the respondent for various reliefs related to a piece of land. - The trial court found that the property was jointly owned and ordered the sharing of the buildings on the land. - The Court of Appe

Case Details

Suit Number:SC.390/2002
Judges:NIKI TOBI Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUFUNMILOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Counsel:E. C. Onumajuru, with J.O. Nwosu and I. O. Anochiwa For Appellant C.A.N. Nwokeukwu for respondent For Respondent

O.O. ADEKEYE J.S.C. (Delivering the Leading Judgment): The Appellant, Clifford Osuji as the 2nd Plaintiff in the High Court of Imo State, Owerri Judicial Division, sued the deceased father of the Respondent Ukachi Maxwell Ekeocha for the reliefs set out in paragraph 35 clauses (a-f) of the Further Amended Statement of claim as follows:-

(a) "Declaration of title to all that piece of land which is the home of Umuopara Nwanyiri or Nwanyiri family and called "Uhe Umuopara Nwanyiri" and which lies at Ekeonunwa Street, Owerri Amawon Compound, Owerri in Owerri Judicial Division and shown in Plaintiffs' plan NO.E/GA/343/74.

b) A declaration that the defendant is the customary tenant of the Plaintiffs in the said land.

(c) A declaration that by denying the plaintiffs' title in respect of the said land and behaving in a manner inconsistent with the proprietary interest of the Plaintiffs, the defendant has forfeited the customary tenancy.

(d) An order of court for the defendant and members of…

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