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GOWON NGURA V. GRACE ACHIKWU

(2014) JELR 53412 (CA)

Court of Appeal  •  CA/J/56/2004  •  2 May 2014  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA ( Presided ) MOHAMMED A. DANJUMA JCA OBANDE F. OGBUINYA JCA ( Read the Lead Judgment )

Judgement

OGBUINYA JCA (Delivering the Lead Judgment): This appeal grewout of the decision of the High Court of Benue State, holden in Makurdi, coram, Ejembi Eko, J., (as he then was), in suit No. MHC/218/2000, delivered on 28 November 2003, wherein the appellant’s action was dismissed. The appellantand therespondent were the respectiveplaintiff and defendant before the lower court.

The facts of the case, which transformed into this appeal, are brief and simple. The contest was a rival claim by the parties to a parcel/plot of land at Idye village, Behind Staff Development Centre, High Level, Makurdi, Benue State. The appellant claimed that in May 2000, he purchased the plot of land from Ekainu Ajah, which plot was boughtfrom DogoAgber byMadam Alima Ekainu. The two sale transactions were reduced into writing. He further claimed that after the purchase, he took possession of the plot, applied to the Bureau of Lands and Survey to perfect his title and same demarcated and numbered BNC 5368. Someti…

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