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JOSHUA OKPARA v. CHIEF JOHN UBA ANOZIE & ORS

(2020) JELR 87201 (CA)

Court of Appeal  •  CA/OW/245/2013  •  21 Jan 2020  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA ITA GEORGE MBABA JCA IBRAHIM ALI ANDENYANGTSO JCA

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of Imo State High Court in Suit No. HOW/98/2007, delivered on 11th March, 2013, by Hon. Justice Ngozi Opara, wherein the trial Court gave judgment to the Claimants (now Respondents). The trial Court had earlier on 23/5/2011 granted an order of Interlocutory Injunction in favour of the Claimants, affirming the order of renewal of the originating process, which the Appellant had challenged as having expired 3 years before the Respondents sought an order for its renewal. Appellant filed this Notice of Appeal on 20/3/13 against both the said interlocutory decision and the final judgment, grounds 1 3, relating to the interlocutory decision and grounds 4 8, relating to the final judgment. See pages 251 268 of the Records of Appeal.

At the Lower Court, the Respondents (as Claimants) had sought:

(1) Declaration that the Claimants are entitled to the Statutory Right of Occupancy over the land known…

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