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MR. OWEN C. AGU v. MR. DONATUS MADUNEMELE

(2016) JELR 37057 (CA)

Court of Appeal  •  CA/E/240/2010  •  29 Feb 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is sequel to the judgment of the Anambra State High Court of Justice, holden at Onitsha and delivered on 12th April, 2010. The appellant had approached that Court hereafter simply referred to as the Court below and prayed for:

A declaration that the plaintiff is entitled to the statutory Right of occupancy over the land known as plot 412 situate behind Idoko International Hotel Limited at the Otakpo Residential Layout Onitsha, Onitsha North Local Government Area of Anambra State of Nigeria within jurisdiction. The claim was denied by the respondent.

Pleadings were filed and exchanged between the parties who joined issues as to the real ownership of Plot 412 at the Otakpo Residential Layout, Onitsha. The appellant's case is that the said land is part of a large expanse of land which belonged to the Okoligbo or Umuokoligbo family of Onitsha. That the Umuokoligbo family after dividing their land into plots, had in 19…

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