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WOLEKORO
V.
ETITINWO

(2016) JELR 57354 (CA)

Court of Appeal 23 Mar 2016 Nigeria
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Case Details

Suit Number:CA/PH/ 177/2014
Judges:T. N. ORJI-ABADUA JCA (Presided) MODUPE FASANMI JCA (Read the Lead Judgment) STEPHEN J. ADAH JCA
Counsel:A. B. Adesemoye (with him, Razaque Ojodun and A. M. -*- Akinrodoye) - for the Appellants . A -*- Wori N. Wori (with him, O. Wokekoro) - for the 2nd set of Respondents. -*- 1st set of Respondent served but absent

FASANMI JCA(Delivering the Lead Judgment): The appel ants who were claimants at the trial court appealed against the judgment of the Rivers State High Court of Justice in suit No. PHC/155/ 2004, delivered on 30 September 2013, wherein it dismissed theappellants’ claims. The court also dismissed the counter-claim of the 1st set of respondents while granting reliefs 1 and 3 of the 2nd set of respondents’ counterclaim. Briefly, the dispute in the suit is over a parcel of land variously described by the parties in their respective pleadings and to which the respective parties claim a declaration of a statutory right of occupancy, damages for trespass and an order of perpetual injunction, in paragraph 18 of the statement of claim dated 16 September 2004 and filed on 17 September 2004. The appellants’ claim against the respondents jointly and severally as follows:

“1. A declaration that the plaintiffs are entitled to the statutory right of occupancy in respect of the piece or parcel of la…

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