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NWEKE NWABUEZE & ORS. V. UYAEMENAM NWORA & ORS.

(2004) JELR 45051 (CA)

Court of Appeal  •  CA/E/76/2001  •  5 Nov 2004  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA; JOSEPH JEREMIAH UMOREN JCA;

Judgement

ADEKEYE, J.C.A. (Delivering the Leading Judgment): Before the High Court of Anambra State in a consolidated suit AA/53/77 and AA/11/77, the plaintiffs sued the 1st set of defendants - Nweke Nwabueze and and Ors. for themselves and on behalf of Umugama Village Ukwulu, for declaratum of title, damages for trespass and perpetual injunction over a parcel of land known `as Agu-Okpuluoji. The 2nd set of defendants, Nwoye Ofoedu and three others for themselves and on behalf of Oranto and Akpu Villages of Ukpo counter-claimed against the plaintiffs for declaration of title, damages for trespass and injunction over a parcel of land which the 2nd set of defendants call Ogululugwu. After the three parties presented their respective cases before the lower court, the learned trial Judge Justice Obiora Nwazota dismissed the plaintiffs' claims and allowed the counter claim of the two sets of respondents on the 12th of November, 1999. The plaintiffs not only appealed against the judgment, but also br…

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