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MR. AUGUSTINE ELLAH V. MRS HELEN AGOM

(2011) JELR 46981 (CA)

Court of Appeal  •  CA/C/206/2009  •  29 Jun 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JA'AFARU MIKA'ILU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Judgement

JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is on appeal against the judgment of Micheal Edem, J, sitting in Ogoja High court in three consolidated suits No. HJ/17/2003; HJ/18/2003 and HJ/20/2003 delivered on the 4th day of February, 2009. The plaintiff claimed against the defendants each in representative capacities amongst others title to the entire land with four bedrooms compound known and called UKO UTOGOR in accordance with the Nkim custom. Judgment was entered for the plaintiff for title, N1,000.00 damages for trespass against the 3rd defendant in suit No HJ/18/2003 which culminated into this present appeal.

Thus, the plaintiff's (respondent's) sued in a representative capacity and her case is that their late father in his life time had two compounds No. 9 Ntol Mgbeje Street, Igoli-Ogojo, where he lived with his wives and children and a large expanse of land with a four room house where he collected rents of Ushi-Utamte called "UKO UTOGOR'S COMPOUND". When…

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