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CHIEF ROGERS AKARANTA & ANOR. v. NTIOMA BEBE & ORS.

(2011) JELR 33420 (CA)

Court of Appeal  •  CA/PH/370/2006  •  4 Feb 2011  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of S. N. Imo, J, dated 29th July 2005 delivered at the High Court of Abia State sitting at Obehie.

On 14/1/87, the appellants as plaintiffs before the lower court took out a Writ of Summons against the respondents and claimed as follows.

1. A declaration that the plaintiffs are entitled to the Customary Rights of Occupancy of that parcel of land known as and called 'NTAMOKU' being and situate along Umunwaubani lands in Umuibe village, Ndoki, Ukwa Local Government Area and of an annual value of twenty Naira (20.00).

2. One thousand Naira (N1,000.00) General Damages in that in the month of January, 1987 the defendants by themselves, their servants and or agents and without leave or license of the plaintiffs unlawfully broke and entered into the said plaintiffs land 'NTAMOKU' which is in the actual possession of the plaintiffs, cleared the same, uprooted their plantain stems and destro…

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