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NWUJU NWAOBIA & ORS. V. UCHE ONWUKA & ORS.

(2011) JELR 47718 (CA)

Court of Appeal  •  CA/PH/93/08  •  2 Feb 2011  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Abia State Customary Court of Appeal sitting at Umuahia dated 14/6/07.

The facts that led to this appeal are as follows:

The Respondents in this appeal laid the following claims against the Appellants herein at the customary court Osisioma sitting at Okpuala-Aru.

"1. A declaration of this Honourable court -

(a) That the Plaintiffs and Defendants are jointly entitled to the Customary Right of Occupancy of the (1) Ohia Uzo Umunwacha (2) Ohia Uzo Umuechere (3) Ohia Okpulo Uhu-Alaobi and (4) Ohia Otulaogba Egbelu being and lying at Umumba within jurisdiction.

(b) That the Defendants cannot sell, mortgage, pledge or apportion any farming plot in the said pieces of land to any person without the consent of the Plaintiffs.

(c) That any sale, mortgage, pledge or alienation of any of the said pieces of land without the consent of the Plaintiffs is null, void and of no effect wha…

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