JEROME ANELE & ORS. V. NWACHUKWU NJOKU & ORS.
(2013) JELR 35760 (CA)
Court of Appeal
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CA/PH/128/92
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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
Chief M. I. Ahamba, SAN; with E.N. Ichie, A.C. Anuforom and K.O. Ahamba, Esq; For Appellant
G.C. Okoli, Esq: For Respondent
Judgement
<p>MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of S.A. Okoroafor J. in consolidated Suit No. HME/37/82 and HME/66/82 delivered on 15/5/90.</p><p> The land dispute between the people of Umukara of Izinomi Uboma and the Umuchiaku of Lowa Uboma had been on before the Nigerian Civil War which took place between 1966 - 1970.</p><p> The various existing actions by the Umukara culminated into Suit No. HME/37/82, where the people of Umukara sued the Umuchiaku over a long stretch of land containing a Northern and Southern portion or two pieces of land separated by the Dimeke stream known as "ALA ISIORIE UMUKARA" and "ALA OCHA or ALA OCHA UMUKARA"</p><p> The relevant pleadings for Suit No. HME/37/82 are the further Amended Statement of Claim dated 14/11/1983 and filed on 18/11/1983 and the Amended Statement of Defence dated 29/11/77 and filed on 4/2/77.</p><p> The Umuchiaku people by Suit No. HME/66/82 also claimed for declaration trespass and injunction from the Uā¦</p>