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MARIUS EZENWATA ENEMUOH & ANOR v. CLETUS ENEMUOH

(2017) JELR 37258 (CA)

Court of Appeal  •  CA/E/322/2014  •  20 Dec 2017  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; RITA NOSAKHARE PEMU JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Cletus Enemuoh was the plaintiff (now the respondent) and Marius Ezenwata Enemuoh and Wilfred Ezenwata Enemuoh the appellants were the defendants in the High Court of Justice, Anambra State holden at Ekwulobia in the Aguata Judicial Division. The respondent instituted the suit now the subject matter of this appeal by a writ of summons on 3-3-2009 with a statement of claim which was in the course of proceedings, amended with the leave of the learned trial Judge on 18-1-2012. Paragraphs 1 46 of the Amended Statement of Claim sought the following remedies against the appellants in paragraph 47 of the Amended Statement of Claim as follows:

47. Whereof the plaintiff claims against the defendants jointly and severally as follows:

a) A declaration that the plaintiff is entitled to the Customary Right of Occupancy over the piece or parcel of land in dispute formerly known as and called Ochie Uno land situate and being at Etiti Ala Umumiā€¦

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