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DAUGHTERS OF DIVINE LOVE CONGREGATION & ORS v. FELIX UGWU & ORS

(2016) JELR 47223 (CA)

Court of Appeal  •  CA/E/86/2014  •  9 Dec 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; TOM SHAIBU YAKUBU JCA; RITA NOSAKHARE PEMU JCA;

Judgement

TOM S. YAKUBU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is sequel to the decision of the Enugu State High Court of Justice holden at Enugu, delivered on 29th April, 2008. The appellants being affected by the said decision and being parties having an interest in the case at the trial Court, with leave of this Court sought and obtained, filed the appeal anchored on six grounds on 23rd December, 2013.

The facts of the case are that:

Two communities, that is, Nkwubor Nike Community and Umueze Nwikpa family of Amorji Nike Community, sold their jointly owned communal land in their representative capacity to the 1st Appellant Daughters of Divine Love congregation. Three brothers of a family in Nkwubor Nike Community were aggrieved by the sale of part of the land and without authority from their Community Nkwubor Nike. They sued some members of the Nkwubor Nike Community in their individual capacities at the High Court, Enugu in suit No. E/663/2004 - Ekene Ugwu and Ors v. Felix Ugwu a…

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