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OMOWO MUSA OGUN V. CHIEF J. O. ASEMAH CHIEF A. O. DAUDU MALLAN UMORU DAUDU UMORU OZIGAGUN (For themselves and on behalf of the Eshinavaka Family of Igarra)

(2001) JELR 57306 (CA)

Court of Appeal  •  CA/B/27/92  •  19 Jun 2001  •  Nigeria

Coram
NIKI TOBI, JCA (Presided) RAPHAEL OLUFEMI ROWLAND, JCA SAKA ADEYEMI IBIYEYE, JCA (Read the Lead Judgment)

Judgement

IBIYEYE, JCA (Delivering the Lead Judgment): This appeal is sequel to the judgment of Akenzua, J. of the Igarra Judicial Division in the defunct Bendel State High Court of Justice now Edo State High Court of Justice in suit No. HIG/4/83 delivered on the 17th of July, 1986. The plaintiffs, suing in a representative capacity on behalf of Eshinavaka family of Igarra filed a writ of summons against the defendant who is also a member of the same family. The grouses of the plaintiffs reflected in the writ of summons were subsequently reproduced in the amended statement of claim. The reliefs sought by the plaintiffs in paragraph 12 of the said claim read as follows:- “12. Wherefore the plaintiff’s for themselves (sic) and on behalf of the Eshinavaka family of Igarra, as a corporate entity, has and is entitled to the customary right of occupancy possession of all the Oyin-Ofu family land, otherwise known, called and referred to as Eyin - Oze - Okaigbo family land which is more, particularly…

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