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EDWARD NIKAGBATSE v. LABORD OPUYE

(2010) JELR 47547 (CA)

Court of Appeal  •  CA/B/283/99  •  13 Jan 2010  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; OYEBISI FOLAYEMI OMOLEYE JCA; ALIABUBAKAR BABANDI GUMEL JCA;

Judgement

OYEBISI .F. OMOLEYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Warri Judicial Division of the Delta State High Court (hereinafter called the lower Court) per J.A. Obi J, delivered on 30th November, 1994.

The Appellant herein was the plaintiff in the lower Court. He claimed against the Respondent as defendant for the following:

(a) A declaration that the property known as No. 71, Okere Road occupied by the defendant on which the defendant demolished a mud building to erect the present block building is the property of the plaintiff under Itsekiri native law and custom and that any purported grant of the said property to the defendant by one Eworitsemogha Oki or by any other person or persons is null and void or is hereby avoided. (sic)

(b) A declaration that the defendant residing at the said No. 71 Okere Road, Warri is doing so as a trespasser being in occupation without the consent, authority or permission of the plaintiff.

(c) An order ej…

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