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DANIEL MMEREM & ORS. V. EUGENE AKUJINWA & ORS.

(2001) JELR 44331 (CA)

Court of Appeal  •  CA/PH/23/94  •  5 Apr 2001  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

J. O. OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants sued the respondents before the High Court of Oguta in Imo State for a declaration of title to a piece of land called "Ala Ulo Ubi Duruozuruoha", damages for trespass and injunction. The parties exchanged pleadings which were subsequently amended by both parties.

The case of the appellants in the court below was that they inherited the land in dispute from time immemorial from their ancestors. They relied on long traditional history and on past and present acts of ownership and possession which included planting of rubber trees and other economic trees and planting of three juju shrines on the land.

The respondents on the other hand also claimed the land from their ancestors.

They call the disputed land "Ala Nwaedo".

At the conclusion of the case the trial judge dismissed the appellants' claim in its entirety.

Not happy with the decision the appellants have appealed to this court and have filed an amended of argumen…

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