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CHIEF PATRICK ESOMONU & ANOR v. MR. VERNATIUS OHANENYE & ANOR

(2011) JELR 49195 (CA)

Court of Appeal  •  CA/PH/348/2007  •  2 Feb 2011  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal and cross-appeal against the judgment of the High Court of Imo State sitting at Mgbidi presided over by Hon. Justice Nonyerem Okonkwo delivered on 19/4/07. The Plaintiffs in that suit are now the Respondents while the Defendants are the Appellants.

The facts that led to this appeal are as follows:

The Respondents in a representative capacity filed the suit at the trial court seeking the following declarations and reliefs:

"1. A declaration that the two pieces or parcels of land traditionally called "obi Umunweleali and Ala Okorowu" respectively situate at Umuajara Ubogwu Awo-Omamma in Oru East Local Government Area of Imo State is the family property of late Chief Ohanenye with annual value of N5,000.00.

2. A declaration that the purported sale of the property by the head of the family to the Defendant without the consent and concurrence of members of the family including the Plaintiff who are theā€¦

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