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INNOCENT OKEREKE & ANOR v. NZE INNOCENT ADIELE

(2014) JELR 36227 (CA)

Court of Appeal  •  CA/PH/421/2008  •  20 Nov 2014  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

ITA GEORGE MBABA J.C.A.(Delivering The Leading Judgment): By a summons, issued on 11/3/92, in Suit NO.CC/NGO/15/92, the Plaintiffs (Respondent in this appeal) claimed against the Defendants (Appellants herein) for declaration of title to land called 'Okpulo Ogwu' and also asked for damages for trespass and an injunction. By another summons taken out by the Defendants too (as Plaintiffs), Appellants herein, on 22/9/95, in Suit NO.CC/NGO/51/95, claimed against the Respondent herein for a declaration of title in their favour, and for a mandatory order that the defendants (Respondent herein) accepts the equivalent of a redemption fee of "nnuola asaa" that is N14 and an injunction.

The two cases were consolidated at the Customary Court, with the Plaintiffs in the first suit remaining as Plaintiffs in the consolidated suit and the defendants in that suit (Plaintiffs in the 2nd suit) remaining as Defendants. At the conclusion of the trial, the trial Court gave judgment to the Plaintiff in t…

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