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ADELE IHUNWO & ANOR v. JOHNSON IHUNWO & ORS

(2004) JELR 44972 (CA)

Court of Appeal  •  CA/PH/77/2001  •  5 May 2004  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; PIUS OLAYIWOLA ADEREMI JCA; MONICA BOLNA'AN DONGBAN-MENSEM JCA;

Judgement

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court sitting in Port Harcourt of Rivers State judiciary. The decision was given on 2nd February 2001 in suit No: PHC/459/93, Coram D. W. Okocha; judge of the High Court.

The facts of the case in the court below is as follows. The 1st plaintiff is the father of the 2nd plaintiff. The 1st defendant is the elder brother of the 1st plaintiff of the same parents; and he is the father of the; 2nd to 4th defendants.

The issue in dispute is the claim by the plaintiff that the 1st plaintiff is the owner by a grant made orally of the land known and described by the plaintiff as "Ohia npa mini Chinda". The defendants called the land "Ohia Nkpomini Ihunwo Echeonwu".

In the court below the plaintiff deposed that some time in 1949, the then head of the Wele family named Ikendu also known as Josiah Okamkpa, asked the 1st plaintiff in two consecutive years to rid a bush known…

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