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CHIEF SUNDAY MARTIN ADA & ORS v. CHIEF JOHN OGENYE ODEY & ORS

(2016) JELR 36737 (CA)

Court of Appeal  •  CA/C/231/2013  •  1 Dec 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Cross River State, Bekwarra Judicial Division delivered on the 19th day of February, 2013 by ABUA, J.

The appellants were defendants as representatives of their Ukpada Community in Bekwarra Local Government of Cross River State in a suit initiated by the respondents on behalf of the neighboring Ikparikobo- Ishane Community in the same Bekwarra Local Government over a piece or parcel of land lying by a major river called Ulu running across several communities in the said area and which river divides the two communities. Specifically, the respondents in the writ of summons claimed as against the appellants jointly and severally as follows:

1. A declaration that the Claimants are the owners and or deemed holders of a customary right of occupancy over the land in dispute, which is situate at Ikparikobo Ishane Village by the side of the River-Ulu …

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