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DR. KEVIN OCHIN & ORS. V. PROFESSOR ONUORA LOUIS VICTOR EKPECHI

(2000) JELR 44039 (CA)

Court of Appeal  •  CA/E/197/88  •  31 Jan 2000  •  Nigeria

Coram
NIKI TOBI JCA; JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of a piece of land near the Enugu airport. It is situate along Enugu - Abakaliki Road, Two suits were consolidated: Suits Nos. E/448/82 and E/84/83. Suit No. E/448/82 was field by the plaintiff on record. He is now the respondent. Suit No. E/84/83 was filed by the defendants on record. They are now the appellants. The learned trial Judge ordered the consolidation of the two suits on 31/10/84.

The case of the plaintiff as summarized by the learned trial Judge is that he was granted a lease of the land in dispute by the original owners that is, the Umuenwene Iji-Nike family. He took a surveyor to the land who surveyed it and produced plan No. FCO/P.1068/75 dated 1/2/76. He registered a conveyance at the Land Registry as No. 58 at page 58. Volume 834, which was admitted as Exhibit B. The plaintiff went into possession immediately after the execution of Exhibit B and exercised rights of ownership until December, 19…

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