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EMMANUEL NDUKUBA & ANOR v. PATRICK NWANKWO & ORS

(2016) JELR 36800 (CA)

Court of Appeal  •  CA/E/402/2012  •  23 Mar 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; TOM SHAIBU YAKUBU JCA; RITA NOSAKHARE PEMU JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The parties in this appeal trace their common ancestry to Nanka. It is agreed between the parties, that Nanka had seven sons, the eldest of whom was Agbiligba, who inherited the land in dispute from his father Nanka. The land in dispute is called Agu Nwankwo land. The appellants lay claim to it through Odukalia, the first son of Agbiligba, according to them whilst the respondents lay claim to the same parcel of land, through Dunu who they claim, was the first son of Agbiligba. The appellants say that the respondents are strangers in Nanka town, because the forefathers of the respondents, were hunters from Nnobi who migrated to Nanka hundreds of years ago. On the other hand, the respondents allege that the appellants are descendants of hired war mercenaries from Ohafia, who were assimilated within the Nanka community, that is, just as the appellants allege that the respondents are strangers to Nanka, so also the latter allegeā€¦

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