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ONYESOROAMA OBI & ANOR v. EDWIN OKEKE

(2017) JELR 38156 (CA)

Court of Appeal  •  CA/E/448/2013  •  12 Apr 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; JOSEPH TINE TUR JCA;

Judgement

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): This is an appeal by the two appellants who were joint plaintiffs in the High Court of Anambra State of Nigeria holden at Ekwulobia. The appellants took out a writ of summons against the respondent who was the defendant in the Court below on 30th May, 2003. Paragraphs 1 to 10 of the statement of claim pleaded the following facts:

1. The plaintiffs are farmers and lived at Ndiabor, Umunze.

2. The Defendants are farmers also and live at Ndiabor, Umunze.

3. One Anu was the original deforester of this entire land in dispute from time immemorial.

4. Anu farmed thereon, lived and died thereon and was buried within the land in dispute.

5. Anu begat Nwozo who inherited this land in dispute from his father lived, farmed, died and was buried within the land in dispute.

6. Nwozo begat Obi who inherited the land in dispute lived thereon and begat Obi.

7. Obi in turn inherited the lands and begat the 1st plaintiff, who is over 65 years.

8. The Defeā€¦

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