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AUGUSTINE ERUMUCHE INNOCENT WEGBOM FELIX ERUMUCHE V. GABRIEL O. AMADI MOSES AMADI LAWRENCE WORGU

(2015) JELR 53386 (CA)

Court of Appeal  •  CA/PH/4/2008  •  12 Jun 2015  •  Nigeria

Coram
EJEMBI EKO JCA (Presided and Read the Lead Judgment) THERESA NGOLIKA ORJI-ABADUA JCA BITRUS G. SANGA JCA

Appearances
S. A. Alali Esq. (with him, W. T. Melville Esq.) - f or the Appellants. -*- F.O. Otiotio Esq. - for the Respondents.

Judgement

EKO JCA (Delivering the Lead Judgment): This is a further appeal A from the decision of the Rivers State High Court in the appeal No. IHC/7A/2005 delivered on 21 December 2006. The decision of the said High Court was in respect of an appeal from the decision of the Isiokpo Customary Court in the consolidated suits No. ICC/20/2002 and ICC/23/2002. The appellants herein were the plaintiffs in the suit No. ICC/ 20/2002 before the Isiokpo Customary Court wherein they claimed the following reliefs against the present respondents therein: “1. A declaration that the plaintiffs are owners of and are entitled to the customary rights of occupancy on or overthe piece of or parcel of land known as and called, Uzo Akwata Farm Road situate and lying within Omuakwata family land Omuanwa Kelga.

An order restraining the defendants by themselves, their servants, agents, privies, assigns from enteringand selling,leasing, allocating and sharing out to themselves any plot or portion of the said plaintiff…

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