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EMEKA GBARUKO v. ISRAEL GBARUKO

(2017) JELR 38279 (CA)

Court of Appeal  •  CA/OW/135/2014  •  7 Feb 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision of the High Court of Abia State, sitting at Umuahia (hereinafter referred to as the lower Court), delivered by Hon. Justice S. A. Nwakanma J. on the 26th day of November, 2013. The parties to this suit had a dispute over a piece or parcel of land and which said dispute forms the subject matter of this case.

HISTORY OF THE CASE

This suit was commenced by the claimant/appellant vide a writ of summons, statement of claim and accompanying processes dated the 27th day of March, 2012 and filed on the 4th day of April, 2012. The claimant/appellant by the said action prayed the lower Court for the following reliefs:

i. A Declaration that the claimant is entitled to the statutory right of occupancy to the piece or parcel of land known as and called Uhuochei situate at Etitilabu Isiama Afaraukwu Ibeku Umuahia Abia State within the jurisdiction of this Honourable Court whose annual rental value…

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