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ANTHONY ADUBA & ORS v. TITUS ADUBA

(2018) JELR 38531 (CA)

Court of Appeal  •  CA/OW/90/2012  •  12 Oct 2018  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; ITA GEORGE MBABA JCA; IBRAHIM ALI ANDENYANGTSO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Imo State High Court in Suit No. HAM/9/2002, delivered on 29th March, 2011, by Hon. Justice U.D. Ogwurike, wherein the learned trial Court held for the Plaintiff, that he was the adopted son of Aduba Ohagwan Nwaemere, and that he was entitled to the Customary Right of Occupancy of the land and building in dispute. The Court also nullified the partitioning of the family land of Aduba Ohagwan Nwaemere, and made an order of perpetual injunction against the Defendants, against discrimination of the Respondent and his family.

At the trial Court the Plaintiff (now Respondent) had sought:

(a) A declaration that the Plaintiff being a member of late Nwaemere Aduba family of Ezialakohu Nguru in Aboh Mbaise Local Government Area of Imo State is entitled, by law, to inherit, together with the Defendants, the landed property and estate of late Nwaemere Aduba.

(b) A declaration of the Court that t…

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