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MICHAEL AKACHUKWU & ORS V. BARTHOLOMEW OKOLI & ORS

(2017) JELR 37442 (CA)

Court of Appeal  •  CA/E/306/2009  •  27 Jan 2017  •  Nigeria

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

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Anambra State High Court of Justice holden at Nnewi Judicial Division; delivered on 17th June, 2008.

FACTS OF THE CASE:

The facts of the case as presented by the plaintiffs/respondents was that the respondents who had been owners in possession of part of a large parcel of land known as Akabo Onua Obili since the war between Nnewichi and Uruagu granted a small part of their said land to the defendants in 1972 for farming purposes as represented by Exhibit "A", of the respondents' survey plan. The plaintiffs retained the rest of the land where they have about 6 (six) residential houses and where they live.

The respondents got the said land from their ancestor Ezeobuo one of the war veterans that shared the recovered land/booty after the war. The plaintiffs including their ancestors before them have been exercising all manner of acts of possession and ownership over the land for over one …

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