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MR. ADOLFUS AMADI v. MR. FRIDAY ECHENDU AMADI

(2010) JELR 33740 (CA)

Court of Appeal  •  CA/PH/110/2006  •  24 Nov 2010  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; JCA; EJEMBI EKO JCA; JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

EJEMBI EKO, J.C.A.(Delivering the Leading Judgment): This is an appeal by the Plaintiff against the decision of Hon. Justice E. K. Membere sitting in the High Court of Rivers State in the suit no PH/194/87. The judgment, the subject of this appeal dismissed the Plaintiff's claim in its entirety.

The original plaintiff was chief Isaiah Amadi Ejekwu. He testified as PW.1, He died on 12th March, 1999 and was by order of the trial court substituted by ADOLPHUS AMADI. In the course of the trial the 2nd defendant died and his name was struck off processes as a party on 15th July, 1998. Before his death he had testified as DW.1 and he was duly cross-examined.

The Plaintiff, now Appellant, had sued the defendants, as they were then, claiming -

1. A declaration that the Plaintiff is entitled to the statutory right of occupancy over the piece of land called Ohia Wonka Rumuolosi situate at Eneka Obio Port Harcourt in the Rivers State of Nigeria.

2. The sum of N100,000.00 being damages for trespa…

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