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NZE ALOYSIUS MADU & ANOR v. CHIEF FESTUS ANOZIA & ANOR

(2018) JELR 38534 (CA)

Court of Appeal  •  CA/PH/79/1996  •  10 Aug 2018  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Imo State, sitting at Mgbidi, (hereinafter referred to as the lower Court), delivered on the 22nd day of March, 1995 by Hon. Justice P. C. Okoli, J.,wherein the lower Court dismissed the plaintiffs/appellants (hereinafter referred to as the appellants) case as having been abandoned.

The substantive suit from where this appeal emanated was commenced by a writ of summons and claim dated and filed on the 13th day of May, 1992. At paragraph 13 of the appellants further amended statement of claim which was deemed duly filed and served by order of the lower Court, made on the 24th day of February, 1994, the appellants claimed against the defendants/respondents (hereinafter called the respondents),jointly and severally as follows:

1. A declaration that the Plaintiffs are entitled to statutory right of occupancy over the land in dispute verged yellow in the plaintif…

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