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ODOEMENA NWAIGWE & ORS V. EZE EDWIN OKERE & ANOR

(2008) JELR 48984 (SC)

Supreme Court  •  SC.392/2002  •  30 May 2008  •  Nigeria

Coram
NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.: This is on appeal against the judgment of the Court of Appeal holden at Port Harcourt in appeal No. CA/PH/17/94 delivered on the 29th day of November, 2007 in which the court allowed the appeal of the appellants (now respondents) against the judgment of the Imo State Customary Court of Appeal. holden at Owerri in appeal No. CCA/ON/76/91 delivered on the 18th day of February, 1992 allowing the appeal of the appellant against the decision of the Customary Court of Okpala in suit No. CC/0/75/88 delivered on the 3151 day of December 1990.

By a writ of summons filed at the Imo State Customary Court holden at Okpala, the plaintiffs claimed the following reliefs against" the present appellants.

"1. A declaration that the plaintiffs (as expressed and in capacity) are the owners in accordance with the native law and custom of Umuogba Eziama in Okpala (and subject to the Land Use Decree) of the following parcels of farmland:-

(a) Okwa-Achara

(b) Okwu - Icha…

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