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ENGR. HERBERT CHIEKE v. BENEDICT NOSIKE

(2017) JELR 37943 (CA)

Court of Appeal  •  CA/OW/177/2010  •  7 Jul 2017  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision of the Customary Court of Appeal of Imo State in Appeal No. CCA/OW/A/11/2009, delivered on 10/2/2010 (Coram Hon. Justices Abosi, Okpara and Okorie), wherein they resolved some of the issues against the Appellant and held that Appellant, as plaintiff, had not proved his case to be entitled to any of the reliefs sought, thereby setting aside the decision of the Customary Court, Owerri North, delivered on 23/11/2007 in his favour.

The claim before the Customary Court was filed on 22/4/2003, seeking the following reliefs:

1) A declaration that the plaintiff is the person entitled to the grant of Customary right of occupany over the piece and parcel of land known as and called UHU OKPURU UTUNMA situate and lying at Umunwachi Egbelu Agbala in Owerri North Local Government of Imo State of Nigeria.

2) Injunction perpetually restraining the defendants, their heirs, servants and privies from trespassing …

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