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MARCELLINUS ASHILONU & ANOR v. ANDREW OHALE & ANOR

(2018) JELR 39334 (CA)

Court of Appeal  •  CA/OW/170/2014  •  4 May 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court in Suit No. HOW/417/2010, delivered on 30th September, 2013, by Hon. Justice I. O. Agugua, whereof the learned trial Judge dismissed the claims of the Plaintiffs (now Appellants).

At the lower Court, Appellants had sued Respondents, claiming as follows:

(1) Declaration that the Claimants are the persons entitled to the grant of Customary Right of Occupancy to the Parcels of Land known as and called UHU ALA ASHILONU, UHU NWALA and AHIA ARIE COLLEGE (ALA NWOKWU) lying, situate and being at Umungada Irete, Owerri West (within Jurisdiction).

(2) Declaration of the Court that the 1st Defendant, not being a descendant of Eziama and Ogbuchi, cannot share with the Claimants the property the Claimants inherited from their ancestors, Eziama and Ogubuchi.

(3) Order of the Court setting aside the purported sale by the 1st Defendant to the 2nd Defendant of a portion of Ahia Orie C…

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