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WILFRED OHUABUNWA v. NZE PATRICK NWAIGBO

(2016) JELR 36894 (CA)

Court of Appeal  •  CA/OW/128/2009  •  28 Apr 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal Imo State of Nigeria delivered on 10th day of December, 2008.

The action leading to this appeal started from the Customary Court of Isiala Mbano Local Government Area of Imo State where Respondent as Plaintiff claimed against the Appellant as follows in Suit No. CC/SM/43/2003:

??(A) Declaration that the Plaintiff is the person entitled to the grant of Customary Right of Occupancy in respect of and over the piece or parcel of land known as and called UHU DURUZO situated at Umuduruebika, Umunkwo Isiala Mbano Local Government Area within jurisdiction.

(B) Order of Court compelling the defendant to accept the equivalent of IRI AKU ANO which is N1,000.00 (One Thousand Naira) being the amount on which the land in dispute was pledge to Defendants forebear.

(C) Perpetual injunction restraining the Defendant by himself, his servants, agents, privies or any other pers…

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