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EMEKA OBI v. MALACHY NWAGWU

(2017) JELR 37571 (CA)

Court of Appeal  •  CA/OW/309/2011  •  27 Oct 2017  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State in Suits No. HME/65/2003 and HME/62/2009, (consolidated) delivered on 25/3/2011, wherein the trial Judge, Hon. Justice T.E. Chukwuemeka-Chikeka, gave judgment to the Claimant in Suit No. HME/65/2003, that the claim succeeds in its entirety, while dismissing the claim in HME/62/2009. The trial Court also awarded N5,000.00 cost in favour of the claimant in HME/65/2003. Appellant was the Claimant in HME/62/2009 and Defendant in HME/65/2003.

At the lower Court, the Respondent, herein, in Suit No. HME/65/2003, sought the following reliefs:

(i) Declaration that Claimant is entitled to the Customary Right of Occupancy over the parcels of land called Ala Okpuzoroulo Onu-Olu and Uhuola-Owerre all situate at Umumchukwu Umumanu Umueze aleogwuara in Ehime Mbano Local Government Area, within jurisdiction of this Court.

(ii) An order declaring any purported sale of the afor…

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