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CHIEF PAUL ADESHI v. CHIEF PATRICK ADE OKO & ANOR.

(2010) JELR 33220 (CA)

Court of Appeal  •  CA/C/17/2009  •  21 Apr 2010  •  Nigeria

Coram
JAFAARU MIKA'ILU JCA; NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA;

Judgement

JAFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State Holden at Ogoja delivered by his Lordship Hon Justice Michael Edem on the 3rd day of November, 2008.

The background of the case is that the people of Ogboja prior to 1996 functioned as a single entity and dealt with their land in that capacity. The appellant in 1977 acquired land from the said community and proceeded to take possession of same by planting palms and other economic trees therein.

In 1996, the cross River State Government created additional clans and consequently split Ogboja community into clans, Ishirareb being one of the tow clans. The respondents misconceived the clan creation to mean the conferment of power to repudiate all land transaction entered into by the Ogboja community.

Thus predicated on their understanding of clan creation, the respondents took out an action in the High Court of Justice, Ogboja, claiming among other relieā€¦

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