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UBANI-UKOMA & ORS.
V.
SEVEN-UP BOTTLING COMPANY PLC & ANOR.

(2009) JELR 34168 (CA)

Court of Appeal 23 Apr 2009 Nigeria
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- This is an appeal against a judgment in a land suit. - The appellants claimed declaratory reliefs and damages in relation to a piece of land. - The respondents raised a defense of compulsory acquisition of the land by the government. - Th

Case Details

Suit Number:CA/PH/223/2002
Judges:SULEIMAN GALADIMA JCA TIJJANI ABDULLAHI JCA IBRAHIM MOHAMMED MUSA SAULAWA JCA
Counsel:CHIEF TAGBO NWOGU Esq. with E.U. MGBEAFULU Esq. For the Appellant. C. V. IHEKWEAZU Esq. for the 1st Respondent. OKEY AMECHI (Hon. Att. Gen. Abia State) with C. U. OKOROAFOR (Deputy Director Civil Litigation; I. C. ANYAEGBU (MRS) (Asst. Director Civil Litigation) and M. N. TETENTA (MRS.) (Chief State Counsel) and CHINYERE MADUKA (MRS.)(Principal State, Counsel) and Ministry of Justice, Abia State for the 2nd Respondent.

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of I.F. OGBUAGU (J) (as he then was) of the High Court of Abia State sitting at Aba delivered on 1/11/2000 in Suit No. A/169/88. The plaintiffs (hereinafter "the Appellants") had claimed in a land suit against the Defendants (hereinafter "the Respondents") in their amended statement of claim, found at pages 100-101 of the Records, the following declaratory reliefs and damages:

"(a) Declaration that the 1st set of plaintiffs are the proper persons entitled to apply for and receive STATUTORY RIGHT OF OCCUPANCY of the piece or parcel of land known as and called "OVORO EGBELU" situate at UMUOLA village in Abayi Community Obingwa Local Government Area within the jurisdiction of this Honourable Court.

(b) A declaration that the 4th plaintiff is by Ngwa Native Law and custom one of the descendants of "OLA" the original owner of OVORO EGBELU land situate at Umuola village in Abayi community of …

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