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DR. AUGUSTINE N. MOZIE & ORS v. CHIKE MBAMALU & ORS

(2006) JELR 37382 (SC)

Supreme Court  •  SC.345/2001  •  14 Jul 2006  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC;

Judgement

TOBI, J.S.C. (Delivering the Leading Judgment): This appeal involves land in Omenu family of Umueri, Ogbunike in Oyi Local Government Area of Anambra State. The Omenu family owned the Ani Owelle land which consisted of a large expanse of undeveloped and uninhabited land. The 1st appellant, a medical practitioner, desirous of building a cottage hospital and his residential accommodation, applied for a parcel of land in Ani Owelle. He was allocated some plots of land. While it is the case of the plaintiffs/respondents that the application was for four plots, the defendants/appellants said that the 1st defendant/appellant applied for unlimited number of plots, leaving it to the discretion of the family to allocate to him the piece of land which will be sufficient to accommodate a hospital and a residential accommodation.

The 1st appellant built a hospital on the parcel of land allocated to him. The hospital was duly commissioned in 1984. Trouble ensued in 1985 when the allocation made to…

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