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SUNDAY ANUNOBI v. CHIEF ELIAS NWANKWO

(2017) JELR 37251 (CA)

Court of Appeal  •  CA/E/7/2014  •  20 Dec 2017  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; RITA NOSAKHARE PEMU JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Chief Elias Nwankwo commenced this suit now the subject of this appeal before the Customary Court in Enugu State holden at Mbanano Customary Court Agwu in Enugu State on 6-10-2008 against Sunday Anunobi as the defendant. The Statement of Claim was subsequently amended. See pages 1-2 of the Certified True Copy of the record of proceedings. The facts and the remedies claimed are as follows:

1. Both parties are natives of Otokwu-Umuhu village in Awgu town of Awgu Local Government Area within the jurisdiction of this Court.

2. The grandfather of the plaintiff, late Mazi Offordile Chukwumba pledged a parcel of land known as and called Okpu Okachi situate in Umuhu Awgu to the father of the defendant, at the cost of ??11 0f starling or N30.00 that the father of defendant resold the same piece of land to the father of Adum Okolie Agu at the same amount.

3. That the defendant, later redeemed the piece of land from Adum Okolie Agu in the y…

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