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REV. DAVID O. OKIDIKA & ORS V. JOSEPH O. LUKE & ORS

(2012) JELR 34678 (CA)

Court of Appeal  •  CA/PH/193/2006  •  11 Dec 2012  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; ALI A.B. GUMEL JCA; U. ONYEMENAM JCA;

Appearances
Tuduru Ede For Appellant V.N. Ihua-Maduenyi with I.Q. Igwe Miss For Respondent

Judgement

MOHAMMED I. ADAN TSAMIYA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of Rivers State High Court sitting in Ahoada in its appellate jurisdiction from the decision of the Customary Court Ahoada delivered on 8th day of December 2004 in the consolidated suits wherein the appeal of the appellants herein, was dismissed, thus affirming one decision of the trial Customary Court sitting in Ahoada, in Rivers State.

The claim of the appellants, herein, as the plaintiffs, before the trial Customary Court as per their claim at page 2 of the record of this appeal and in their suit No. ACC /35/99 reads:-

1. A declaration of title and customary right of occupancy over part of the Ude-Egbe farm land and part of Unugbu-lu-ogba swamp, situate at Ogbede village.

2. The payment of sum of N50,000.00 as damages for trespass and general damages for farming the lands in dispute for over 20 years, without consent;

3. The payment of N50,000.00 for digging the fish-ponds on…

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