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JOSEPH ISHODO & ORS v. ANTHONY AWAM MOTU & ANOR

(2017) JELR 37281 (CA)

Court of Appeal  •  CA/C/402/2014  •  8 Dec 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This Appeal is from the interlocutory decision of the Cross River State High Court sitting at Ogoja in Suit No. HJ/7A/2014 delivered on the 8th day of July, 2014 by Bassey E. Ikpeme, J.

The facts of this case in brief are simple and straight forward. The Respondents brought an action for declaration of title of land against the Appellants at Nkum District Court, Abrumbede in Ogoja Local Government Area, Cross River State and were declared owners of the piece and parcel of land in dispute.

The Appellants being dissatisfied, appealed to the Chief Magistrate Court, Ogoja whereat, the Respondents raised a preliminary objection challenging the jurisdiction of the Chief Magistrate Court Ogoja to hear and determined the matter which was MOG/5A/2013 before it on grounds that, being a matter concerning declaration of title to land, the Chief Magistrate Court lacked the jurisdiction to hear and determined the case.

The Chief Magistrate …

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