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(2021) JELR 109519 (CA)

Court of Appeal  •  CA/OW/194/2017  •  5 Mar 2021  •  Nigeria

Ayobode Olujimi Lokulo-Sodipe, JCA Oludotun Adebola Adefope-Okojie, JCA Amina Audi Wambai, JCA


OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State, Orlu Judicial Division, holden at Nkwerre (hereafter referred to as the lower Court), delivered on the 31st day of January, 2017 by Hon. Justice S.I. Okpara in favour of the Respondent.

The Respondent, who was the Plaintiff at the lower Court, by an Amended Statement of Claim dated 10/10/2014 (Page 176-177 of Record) sought the following reliefs against the Appellants, as Defendants, the 1st Defendant being Brendan Arudiogbu (the deceased 1st Appellant), to wit:

“(a) A declaration that the Claimant is entitled to the grant of Customary Right of Occupancy to the piece or parcel of land situate at Ndiakunwanta-Uno, Arondizuogu in Ideato North Local Government Area within the jurisdiction and more particularly shown on the Survey Plan to be filed in Court.

(b) N3,000,000.00 (Three Million Naira) being general damages for Defendants’ provocative ac…

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