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OBIORA EVERISTUS IBE v. OBINNA EZECHUKWU

(2017) JELR 37390 (CA)

Court of Appeal  •  CA/B/31/2016  •  8 Dec 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; PHILOMENA MBUA EKPE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

PHILOMENA MBUA EKPE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State High Court sitting at Asaba Judicial Division delivered on the 30th day of July, 2015, wherein the learned trial Judge found in favour of the Plaintiff/Respondent.

The Respondents claim before the lower Court is as follows:

(1) A declaration that the Plaintiff is the person entitled or deemed to be entitled to the statutory right of occupancy over that piece or parcel of land shown in Survey Plan No. TLS/DT/142 2005 made by A.O. Igboanugo (a licensed surveyor).

(2) a declaration that the land in dispute which situate and lies in Umuaji Quarter, Asaba and which is clearly shown in survey plan No. TLS/DT/L42 2005 and verged red in the plan is the Plaintiffs land.

(3) An Order of the Court setting aside the purported document transferring the Plaintiffs land to the Defendant.

(4) N1,000,000 general damages to the Plaintiff.

(5) A perpetual injunction restraining the Defendant…

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