KENNY EZENWANI ODOGWU (SUBSTITUTED BY ORDER OF COURT ON 9/9/2020 FOR CHIEF SUNNY DIKE ODOGWU, FORMER DECEASED 1ST APPELLANT) V. SAMUEL OGOCHUKWU (FOR HIMSELF AND AS REPRESENTING THE UMUDA VILLAGE, UMUAJI QUARTERS, ASABA)

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State in the Asaba Judicial Division (the trial Court) delivered in suit No. A/22/2002 on 21/2/2005 by T. O. DIAI, J. In the judgment, the trial Court found in favour of the Plaintiffs against the defendants and declared that Umuda Village, Umuaji Quarters are the people entitled to the grant of a certificate of statutory right of occupancy over the land in dispute situate at Uda Layout verged Pink in the plan tendered before the trial Court as Exhibit “N”. The trial Court dismissed the counter-claim of the 1st defendant.

Aggrieved by the decision, the defendants in the suit appealed to this Court by means of a notice filed on 22/2/2005. The notice of appeal was subsequently amended with the leave of this Court.

The facts of the case leading to the appeal may be summarized as follows: the original three plaintiffs sued the original defendant, Chief Sunny Dike Od…