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MOSES OKOYE DIKE & ORS. V. FRANCIS OKOLOEDO & ORS.

(1999) JELR 43754 (SC)

Supreme Court  •  SC.116/1993  •  15 Jul 1999  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC;

Judgement

U. A. KALGO, JSC (Delivering the Leading Judgment): In suit No. HN.18/77 filed in the Nnewi High Court of Anambra State, the appellants who were the plaintiffs claimed against the respondents jointly and severally as per paragraph 26 of their Amended Statement of Claim, the following reliefs:-

"1. Declaration that the plaintiffs are entitled to the statutory/Customary rights of Occupancy to that piece or parcel of land known as and called "ORURA MBUBA" land, situated in front of "EDO" SHRINE, at Uruagu village. Nnewi, within the jurisdiction of this Honourable Court and more particularly delineated and verged BROWN in the plaintiffs survey plan No. NLS/AN.563/88 and filed with this amended statement of claim.

2. Declaration that the purported sale of a portion of the said "Orura Mbuba" land by the 1st Defendant or his privy to the 2nd Defendant is void and ineffective by Nnewi law and custom.

3. Declaration that the purported sale of the said "Orura Mbuba" land by the 1st Defendant o…

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