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FESTUS EZENWA V. JULIUS EJIKE & ANOR

(2018) JELR 39465 (CA)

Court of Appeal  •  CA/E/597/2014  •  9 Mar 2018  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
O. E. Okeke, Esq. For Appellant O. J. Enemuoh, Esq., with him, C. N. Ijebunor, Esq. For Respondent

Judgement
<p>TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Anambra State, holden at Ekwulobia, delivered on 16th December, 2013, which dismissed the appellants claim.</p><p>In the appellants amended statement of claim, the following reliefs were prayed for, to wit:</p><p>(a) A declaration that the plaintiff is entitled to the customary right of occupancy over the piece or parcel of land called Ngafega Mgboko Ezenwa.</p><p>(b) A declaration that the Plaintiff is free under Aguluezechukwu custom to redeem the said land on return of the 7 goats or their monetary equivalent.</p><p>(c) An order of the Court permitting the plaintiff to give the seven goats or their monetary equivalent to the Defendant or deposit the money in the Court Registry for him.</p><p>(d) A perpetual injunction restraining the Defendant, his agents, privies, servants and associates from trespassing or continuing to trespass into the land now in dispute.</p><p>The Appellants claim is that the land in …</p>

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