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GODWIN OFODUM AGUDOSI & ANOR v. CHIEF ANTHONY AGUDOSI

(2017) JELR 37633 (CA)

Court of Appeal  •  CA/E/315/2012  •  27 Jan 2017  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal instituted suit No. CCNN/2/2002 at the Customary Court of Anambra State and claimed the following reliefs against the appellants as the defendants:

"(1) A declaration that the plaintiff is the bona fide owner of Obi Agudosi and the surrounding lands.

(2) An order of Court for defendants to move down to the portion of land inherited from their grandfather Ofodum.

(3) Order of Court for perpetual injunction restraining the defendants their agents or privies from further interference with the plaintiff's lands.

(4) AND for further other orders as the Court may deem fit to make in the circumstance."

On 18th March, 2008, the Customary Court entered judgment in favour of the respondent. The appellants filed a notice of appeal against the judgment. However, the appeal was struck out on 22nd June, 2010 by the Customary Court of Appeal for being incompetent and for want of jurisdiction. On 2nd Ju…

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