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CHIEF OHIA CHUKWU & ORS. v. JOHN AMADI & ORS.

(2011) JELR 33913 (CA)

Court of Appeal  •  CA/PH/177/2009  •  31 Mar 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading judgment): This is an appeal against the judgment of the Rivers state High Court in a consolidated matter comprising suit No.PHC/490/2000 and suit No. PHC/707/2000, delivered on 19th November, 2007. Very briefly, the facts of the case that led to the appeal are:

The Appellants who were the plaintiffs in suit No. PHC/490/2000 claimed against the 1st and 2nd sets of Respondents being the defendants as follows:

"1. A Declaration that the customary right of occupancy over and in respect of all that piece and parcel of land comprised in the entire area of land known as and called Otuloro Wosu in Rumuodara, Obio/Akpor within the jurisdiction of this Honourable court, vests in the plaintiffs.

2. A declaration that the attempt by the 1st set of defendants at purchasing part of the piece or parcel of land from the plaintiffs in 1977 having failed, the 1st set of Defendants could nor acquire any title over the whole or any part thereof to pa…

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