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DR LEONARD ACHOLONU & ORS v. KINGSLEY OHIRI

(2016) JELR 41046 (CA)

Court of Appeal  •  CA/OW/79/2013  •  10 May 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of Imo State High Court in Suit No. HOW/317/1996, delivered on 1/12/2011 by Hon. Justice N.B. Ukoha, wherein the trial Court dismissed the Application filed by Applicant to relist the Suit earlier struck out.

Appellants, as Claimants, had filed the Suit against the Defendant (now Respondent) on 5/10/96, seeking the following reliefs:

(1) Declaration that the Plaintiffs are entitled to statutory certificate of occupancy in respect of the piece and parcel of land and appurtenances, known as and called No. 36 Douglas Road, Owerri, in Owerri Local Government Area of Imo State of Nigeria, within jurisdiction.

(2) Perpetual injunction restraining the defendants, their agents, privies, workers and servants from entering, claiming ownership, making use of and collecting rents from the occupiers of the property. (page 2 of the Records of Appeal).

They filed statement of Claim on 4/11/99, wherein they…

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