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AUGUSTINE OBINECHE & ORS v. HUMPHREY AKUSOBI & ORS

(2010) JELR 47600 (SC)

Supreme Court  •  SC.287/2003  •  4 Jun 2010  •  Nigeria

Coram
NIKI TOBI JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC; JOHN AFOLABI FABIYI JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

O. O. ADEKEYE, J.S.C.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division delivered on the 8th day of July 2003. The respondents were plaintiffs at the High Court of Imo State, Orlu Judicial Division where they filed a suit for themselves and as representatives of the Umuabor Community of Dikenafai in the Ideato South Local Government Area of Imo State. By an amended Statement of Claim filed on the 16th of July 1996, the respondents as plaintiffs claimed against the defendants now appellants before this court jointly and severally as follows -

(a) A declaration that the defendants are not descendants of Nchoke the founder of the Umuchoke Community of Dikenafai in the Ideato Local Government Area of Imo State and as such that the defendants are not members of the Umuchoke Community aforesaid.

(b) A declaration that all those pieces and parcels of land known as and called "Ala Isiobi Akasobi" "Ala Isiobi Amaechi" and…

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