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OCHENI ACHOR v. ANENE ADEJOH & ANOR

(2009) JELR 47257 (CA)

Court of Appeal  •  CA/A/165/03  •  9 Jun 2009  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA MARY U. PETER ODILI JCA ABDU ABOKI JCA

Judgement

ABDU ABOKI, J.C.A (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Kogi State, Appellate Division, holden at Idah (Coram: Honourable Justices M,A. Medupin and S. S. Idajili) delivered on the 11th day of April, 2002.

The proceedings subject of the instant Appeal started at the Upper Area Court as case No. CV.59/98 on 3rd August, 1998.

The brief fact of the case is that the Appellant (who was the Plaintiff at the trial Court but represented in that Court by Egbunu Adejo who testified as PW5) claimed to be the eldest member of the 1st Respondent's clan commenced the action claiming:

"Declaration that the alienation of those parts of Otobo family land situate at Imere and Ibochi villages by the 1st Defendant/Respondent to the 2nd Defendant/Respondent is null, void and of no effect."

The 1st Defendant/Respondent is the beaded Chief (Adokpulu Aganapoje) and the head of the Appellant's family and in that capacity, the recognized head of the family a…

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