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UDEMBA & ORS
V.
OWERRI MUNICIPAL LOCAL GOVT

(2018) JELR 39247 (CA)

Court of Appeal 19 Apr 2018 Nigeria
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Case Details

Suit Number:CA/OW/21/2015
Judges:MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:U. C. Osuji, Esq. For Appellant For Respondent

TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal of the Plaintiff (now Appellants) against the decision of Imo State High Court in suit No. HOW/286/2010 delivered on 16/12/2013.

The Plaintiffs claim against the Defendant as per paragraph 27 of their Amended Statement of claim read thus:-

a. A declaration that the Claimants are the people entitled to the grant of statutory right of occupancy over the piece or parcel of land known as and called Ogbaso measuring an area of 4915.774 square yards or 1?? acres properly delineated in plan No. BAN/80/63 and the Claimants dispute plan, and situate and lying along MCC/Uratta Road in Umuorornjo Owerri Nchi Ise Owerri Municipal Local Government Area.

b. An order of Court that the lease agreement dated 29th of October, 1965 between the Claimants families and the Defendant is null and void following obvious breaches of fundamental covenants of the said lease by the Defendant.

c. Ten Million …

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