JUSTUS CHUKWUNEKE IWUDIBIA V. BARR. UCHENNA ONYEJEKWE
(2018) JELR 39183 (CA)
Court of Appeal
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CA/PH/263/2009
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15 Feb 2018
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Nigeria
Coram
MASSOUD ABDULRAHMAN OREDOLA JCA;
ITA GEORGE MBABA JCA;
TUNDE OYEBANJI AWOTOYE JCA;
Appearances
Chukwuemeka N. Okoro, Esq. For Appellant
R. N. Ogbuokiri Esq. (Mrs) For Respondent
Judgement
<p>TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal filed by the plaintiff at the lower Court (now appellants) against the decision of Imo State High Court delivered on 7/11/2008 in Suit No. HOU/177/95.</p><p>By paragraph 12 of his amended statement of claim the plaintiff (now appellant) claimed from the defendant as follows:</p><p>12. WHEREFORE the Plaintiff claims from the Defendant as follows:</p><p>(a) A declaration that the two families of Umuonwuchekwa and Umuonyenoha of Umumba kindred are entitled to statutory rights of occupancy in respect of a piece or parcel of land known and called OBORO situate at Imeoha Mgbidi shown delineated and verged pink in the Survey Plan No. AS.A/IMD 159/87.</p><p>(b) A declaration that any sale of the said OBORO LAND verged pink to the Defendant is void and of no effect.</p><p>(c) Perpetual injunction restraining the Defendant by himself, his agents or servant from further trespassing into the said OBORO LAND delincated anβ¦</p>