MR. GOODHEAD ABULE & ORS V. CHIEF IWOWARI & ORS
(2018) JELR 39338 (CA)
Court of Appeal
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CA/PH/509/2015
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28 Mar 2018
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Nigeria
Coram
ALI ABUBAKAR BABANDI GUMEL JCA;
ISAIAH OLUFEMI AKEJU JCA;
BITRUS GYARAZAMA SANGA JCA;
Appearances
S. Birisibe, Esq. For Appellant
W. Zinake, Esq. for 1st - 6th RespondentsJ. O. Igiebor, Esq. for 7th Respondent For Respondent
Judgement
<p>BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Bayelsa State of Nigeria Oporoma Judicial Division M. A. AYEMIEYE, J. presiding in Suit No. OHC/12/2011 delivered on the 2nd day of June, 2014. The Appellants as Claimants sued the 1st and 2nd set of Respondents as 1st and 2nd set of Defendants seeking for the reliefs contained in paragraph 21 of their Amended Statement of Claim dated 28th October 2013 as follows:-</p><p>1: A Declaration that the Diebu Community in the Southern Ijaw Local Government Area of Bayelsa State are the joint owners of the Obiama Land and are therefore jointly entitled to the right of occupancy over the said Obiama Land which said land is more particularly delineated and verged Red in Survey Plan No. FAABYS 002 LD 2013 dated 23rd July, 2013.</p><p>2: A Declaration that the Epebu Community cannot unilaterally lease out, dispose of or otherwise alienate the said Obiama land, without the consent and permi…</p>