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ARC. OLUCHUKWU ODEGA v. MR. AUGUSTINE OLLOH

(2015) JELR 41225 (CA)

Court of Appeal  •  CA/B/322/2013  •  25 Mar 2015  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Delta State delivered by Hon. Justice T. C. Makwe, on the 05/03/13 wherein the learned trial Judge granted the claims of the Respondent as he found same to be meritorious. The following are the facts that led to this appeal:

The Respondent as Plaintiff commenced the action by issuing a writ of summons filed on the 29/03/11 against the Appellants. In the Statement of Claim filed on 29/03/11 he asked for the following reliefs:

1. AN ORDER THAT THE CLAIMANT IS THE PERSON ENTITLED TO STATUTORY RIGHT OF OCCUPANCY OVER THE PIECE OR PARCEL OF LAND MEASURING APPROXIMATELY 1.871 HECTARES LYING, BEING AND SITUATE ALONG PRINCE IKECHUKWU IYEKE WAY, BEHIND GOLF COURSE, UMUDAIKE FAMILY LAND ASABA OSHIMILI SOUTH LOCAL GOVERNMENT AREA, ASABA, DELTA STATE.

2. AN ORDER THAT THE DEFENDANT'S CLAIM OF POSSESSION AND OWNERSHIP OVER THE SAID PARCEL OF LAND IS NULL, VOID AND OF NO EF…

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