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CHUKWUEMEKA OJIOGU V. LEONARD OJIOGU & ANOR.

(2010) JELR 47592 (SC)

Supreme Court  •  SC.235/2004  •  5 Mar 2010  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC MAHMUD MOHAMMED JSC WALTER SAMUEL ONNOGHEN JSC CHRISTOPHER CHUKWUMA-ENEH JSC MOHAMMED MUNTAKA-COOMASSIE JSC

Judgement

C.M. CHUKWUMA-ENEH, J.S.C. (Delivering the Leading Judgment): In the trial court i.e. the Anambra State High Court of Nnewi Judicial Division the plaintiff (the appellant) claims against the sole defendant-Stephen Ojiogu (deceased) (Later substituted by the respondent) as per paragraph 20 of the Amended Statement of Claims as follows:

"(i) A declaration of court that the plaintiff is the son of Late Nwachukwu Ojiogu, the elder brother of the defendant and as such the person entitled to occupy the "Obi" compound and "Obi" lands of Ojiogu Ifionu of Ndiojukwu-Uruagu-Nnewi in accordance with the Nnewi Native Law and Custom.

(ii). A declaration of court that it is the right and responsibility of the plaintiff under Nnewi law and custom as "Diokpala" in Ojiogu Ifionu family to allot to the defendant, the defendant's share of the unshared family land of Ojiogu.

(iii). A declaration of court that the three commercial buildings erected (sic) on Ojiogu Ifionu's family land by the defendant from…

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