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ODI CHUKWUMA v. OSI CHUKWUMA & ORS.

(2009) JELR 47369 (CA)

Court of Appeal  •  CA/E/31/2008  •  9 Jul 2009  •  Nigeria

Coram
AMIRU SANUSI JCA; MUHAMMAD L. TSAMIYA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the High Court of Anambra State ("the lower court" for short) delivered on 12/11/2007. Initially, the suit was instituted by the appellant as plaintiff, at the Customary Court, Onitsha and the suit thereat was numbered CCON/39/04. At the instance of the defendants now respondents, the suit was transferred to the lower court for adjudication.

By his Amended Statement of Claim filed on 28/3/2001, the plaintiff claimed the following reliefs at the lower court:

(a) Declaration that the plaintiff is under the Onitsha native law and custom entitled to the right of occupancy to at least one half of the land in dispute which is verged pink in Survey Plan No. ALM/AN/DOS/96 of 20th June 1996;

(b) AN ORDER of court partitioning the land in dispute under the Onitsha native law and custom between the plaintiff on the one hand and the defendants as the descendants of the two steps of Nwonyeugbo Chukwum…

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