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DR. HARRY v. O.C. MENAKAYA

(2017) JELR 38106 (SC)

Supreme Court  •  SC.350/2007  •  12 May 2017  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal (lower Court) Enugu Judicial Division delivered on 10th July, 2007 which dismissed the judgment of the trial High Court of Justice, Enugu of 19th March, 2004.

BRIEF STATEMENT OF FACTS

By diverse instruments witnessed and/or attested to by beneficiaries and/or descents of one Mr. Gabriel E Okiy, Appellant become vested of the disputed land in this appeal. The property was originally known as Plot 1, Workshop Avenue Layout, Enugu, later re-designated as No 14, John Nwodo Close, Enugu/No. 9, John Nwodo close, Enugu; but presently known and described as No 25/27, John Nwodo Close, G.R.A. Enugu. The original owner, Mr. Gabriel E. O. Okiy (Okiy) (now deceased) was a native of Sapele in the present day Delta State and the said land was granted to him by the then Eastern State Government when he was serving at the Ministry of Agriculture, Eastern Nigeria. The grant was…

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