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DR SYLVANUS OBICHERE AMAECHI & ANOR. V. MACARTHEIN IBEAWUCHI AMAECHI

(2013) JELR 35900 (CA)

Court of Appeal  •  CA/OW/231/2010  •  10 Jan 2013  •  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&#x27;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&#x27;s right to acquire and own immovable property.</p><p> 3. A declaration that the burial of plaintiff&#x27;s deceased sister late Comfort Nnoruo Okeke (nee Amaechi) by the defendants with force on the…</p>

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