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CLEMENT NWANKWO v. A. A. OFORKANSI & ORS

(2016) JELR 37038 (CA)

Court of Appeal  •  CA/E/6/2009  •  12 Feb 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; TOM SHAIBU YAKUBU JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment):?The claim of the 1st Respondent who was the plaintiff at the Anambra State High Court of Justice, holden at Onitsha was with respect to his ownership of the Stall No. V1/14, Mandela Square at the Main Market Onisha. The appellant also laid claim to the same Stall No. V1/14 aforesaid. Hence, the dispute got the attention of the Onitsha North Local Government - the owner of the radical title over the Onitsha Main Market. In his claim, as represented in the Amended Statement of Claim, the 1st Respondent prayed as follows:-

"1. Declaration that the Plaintiff is the rightful allottee of Stall No. V1/14 Mandela Square Main Market Onitsha as shown on the plan containing the Original numbering as confirmed on 30/8/95, 12/10/95 and 18 /10/95 by the 2nd Defendant.

2. A Declaration that Plan as confirmed by the local Government letters of 30/8/95 and 18/10/95 is the only valid Plan upon which the Stall was allotted to the Plaintiff and t…

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