DEACON ISAAC IKWUKA OKO & ORS V. ABIRIBA COMMUNAL IMPROVEMENT UNION & ORS

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants were claimants in suit no. HOH/39/2013 which suit was instituted at the Abia State High Court sitting at Ohafia. In paragraph 58 of the statement of claim the Appellants as claimants claimed of the Respondents as defendants as follows: -

1. A declaration that the claimants are the owners by inheritance and therefore entitled to the Statutory Right of Occupancy over the large expanse of land situate, lying and being at Oruanta, Ebi Iko, Ububa and Isi Usumani in Amaogudu Abiriba of Ohafia Local Government Area of Abia State which their forebears leased to the 1st Defendant in 1948 for Secondary School purpose which are bounded as follows: -

i. On the East by Uzuakoli to Ohafia Road by Abiriba roundabout Ndi Ukoha.

ii. On the North by Ozara Ebi Iko, Ndi Ohuonu

iii. On the West by Usumani, Amaogudu

iv. On the South by Oruanta (rest house)

2. A declaration that the 1st Defendant being a lessee under 1948 lease Agreemen…