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SAMUEL MADUKA AKAMNONU & ANOR v. SUNDAY IBENYE

(2016) JELR 36798 (CA)

Court of Appeal  •  CA/E/376/2008  •  5 Feb 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A.(Delivering the Leading Judgment): On 11-4-2008, the Anambra State High Court, sitting at Ogidi in Idemili Judicial division, rendered judgment in Suit No. HID/141/99 holding that the plaintiff?s claim succeeds and ordering that the defendants were restrained by themselves, their agents, servants and privies from further entry into the land in dispute or in any manner whatsoever interfering with the plaintiff?s possession of the land in dispute.

Dissatisfied with this judgment, the defendants on 12-5-2008 commenced this appeal No. CA/E/376/2008 by filing a notice of appeal containing eight grounds for the appeal.

Both sides filed, exchanged and adopted their respective briefs, namely. The amended appellants? brief and respondent?s brief.

The amended appellants? brief raised the following issues for determination-

1. ?Whether the learned trial judge was right when he held that the defendants/appellants vendor had no title over the land in dispute and therefore …

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