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BENJAMIN NWAKUBA IROAGBARA V. DAVID UFOMADU

(2009) JELR 47303 (SC)

Supreme Court  •  SC.128/2002  •  29 May 2009  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; PIUS OLAYIWOLA ADEREMI JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Judgement

P.O. ADEREMI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division delivered on the 17th of January 2001 in Appeal No. CA/PH/202/96: Mark A. Iroagbara (for himself and on behalf of Iroagbara Family) and David Ufomadu. The Court of Appeal Port Harcourt (hereinafter referred to as the court below) had dismissed the appeal brought by the appellant against the judgment of the High Court of Justice, Umuahia Judicial Division of the then Imo State where he (the appellant) was the plaintiff in Suit No. HU/14/77: Mark A. Iroagbara and David Ufomadu (the defendant). The plaintiff/appellant had claimed against the defendant/respondent in the trial court the following reliefs: -

"(a) Declaration of title to all that piece or parcel of land situate at Amamba, Umuobasi, Ugba-Ibeku, Umuahia within the jurisdiction of this court and whose annual value is N10.00 and which is clearly shown on the plaintiffs plan aforesaid,

(a) …

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