DR SYLVANUS OBICHERE AMAECHI & ANOR. V. MACARTHEIN IBEAWUCHI AMAECHI
(2013) JELR 35900 (CA)
Court of Appeal
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CA/OW/231/2010
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10 Jan 2013
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Nigeria
Coram
MOJEED A OWOADE JCA;
HARUNA S. TSAMMANI JCA;
TIJJANI ABUBAKAR JCA;
Appearances
E.C. Ekechukwu, Esq. For Appellant
Dr. A.N. Aguwa, Esq., with Mrs. V. Ndukwe, Esq; For Respondent
Judgement
<p>MOJEED ADEKUNLE OWOADE, J.C.A., (Delivering the Leading Judgment): This is an appeal from the judgment of C.I. Ohakwe J. delivered on 9th June 2008 at the Imo State High Court sitting at Owerri.</p><p> On 27/7/2001, the Respondent as Plaintiff issued a writ of summons against the Appellants as defendants and claimed as follows:</p><p> 1. A declaration that the plaintiff is entitled to the grant of statutory right of occupancy to that piece or parcel of land known as and called Plot 8 situate and lying along New Market Lane, New Owerri in the Owerri Municipal Local Government Council within jurisdiction.</p><p> 2. A declaration that the defendants forcible entry upon the plaintiff's Plot 8 Land and demarcated the same with block wall with a view of taking the same by force is illegal, unlawful and is in breach of plaintiff's right to acquire and own immovable property.</p><p> 3. A declaration that the burial of plaintiff's deceased sister late Comfort Nnoruo Okeke (nee Amaechi) by the defendants with force on theβ¦</p>