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UGWU
V.
NWANNAJI & ORS

(2018) JELR 39524 (CA)

Court of Appeal 16 Mar 2018 Nigeria
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Case Details

Suit Number:CA/E/79/2011
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:No appearance for the Appellants. For Appellant Chief C. C. Ogbo For Respondent

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The appellant instituted suit no E/147/2002 from which this appeal emanated in the High Court of Enugu State wherein he sought for a declaration that he is entitled to the statutory right of occupancy of five different pieces of land called Onubukpa Ani Osita, Azubeneani, Ogbeagu and Ani Enyili situate at Umuodu Amechi - Uno, Enugu South Local Government Area of Enugu State shown in plan nos. DS/ENS/D001/2003,DS/ENS/D002/2003,DS/ENS/D003/ 2003, DS/ENS/D004/2003 and DS/ENS/D005/2003 all dated 25/2/2003 and made by Surveyor F.I. Agu tendered and marked exhibits A - A4 at the Court below.

The appellants case is that by the native law and custom of Umuodu, Amechi - Uno, Awkunanwo, he inherited the lands in dispute from his ancestors or predecessors as the direct biological and legitimate son of late Okoli Ugwu Nwani, son of Ugwu Nwani. Sometime in the year 2002, the 1st, 2nd and 3rd respondents wanted to sell Onubuk…

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