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EDOZIEUNO OKAFOR (For himself and on behalf of Umualor Quarters of Umudora, Anam) V. OFODILE UCHEBO OBUORA ALAEFUNA (For themselves and on behalf of Umuene Quarter of Umudora, Anam) V. OBIORA OKOYE UDEGBUNEM OKECHUKWU NNEKWE (Subsistuted by order of court on 24/4/98 for Moses Ndive (Deceased) (For themselves and on behalf of Umuagu Quarters of Umudora Anam.) V. DOMINIC ONUORA CLEMENT OKONKWO (For themselves and on behalf of Umunta Quarters of Umudora Anam) V. IGWE ENWELUMONYE JIDEANI MR. GABRIEL JIDEANI (For themselves and on behalf of Umobinetiti Quarter of Umudora Anam)

(2001) JELR 57773 (CA)

Court of Appeal  •  CA/E/31/2000  •  20 Dec 2001  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO, JCA (Presided) SULE AREMU OLAGUNJU, JCA MUSA DATTIJO MUHAMMAD, JCA (Read the Lead Judgment)

Judgement

MUHAMMAD, JCA (Delivering the Lead Judgment): This is an appeal by the appellants being interested persons against the decision of A. O. Ezeani, J. of the Anambra State High Court sitting at Otucha in suit No. OT/4/89. At the trial court, hereinafter referred to as the lower court, the plaintiff/respondent’s claim against the defendants/respondents were for the following reliefs:- “(1) A declaration that the plaintiffs and the defendants are together entitled to the communal ownership of the customary right of occupancy over the land in dispute verged green on the Plan No. AN/CA/1008/77.

N500.00 general damages for trespass against the 1st set of defendant and An order of injunction restraining the defendants, their servants and agents from in any manner whatsoever interfering with the rights of possession and ownership of the plaintiff and the other members of Umualor Quarters of Umudora Anam as one of the four quarters of Umudora Anam entitled to the communal ownership of the custo…

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