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DONATUS UZODINMA ODOEMELAM V. LINUS OPOKO NDUKA & ANOR

(2012) JELR 35127 (CA)

Court of Appeal  •  CA/PH/101/2006  •  18 May 2012  •  Nigeria

Coram
UWANI M. ABBA AJI JCA; MOJEED A. OWOADE JCA; HARUNA M. TSAMMANI JCA;

Appearances
S. A. Asuru, Esq. For Appellant Chika Udeozor holds the brief of Nkwo Victor O'Brien Esq. For Respondent

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Obisike Orji sitting in the High Court of Umuahia Abia State of Nigeria in Suit No. HU/87/2001.

In his Amended statement of claim filed on 21/7/2003, the Appellant as plaintiff claimed from the Respondents jointly and severally as follows:

"(i) A Declaration that the Plaintiff is entitled to the statutory Right of occupancy in respect of the piece or parcel of land known as and called Ezi Odoemelam verged Green in Plaintiff plan situate at Umule Okaiuga in Umuahia North Local Government Area within the jurisdiction of the Honourable Court.

(ii) An order of court compelling the Defendants to complete the oral agreement entered into between the Plaintiff's father and the defendant's father by showing to the plaintiff another piece or parcel of land in place of that which plaintiff's father allowed defendants father to build a residential house which piece or parcel ofโ€ฆ

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