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EMMANUEL OKONKWO & ANOR v. AUGUSTINE EKWEBI & ORS

(2016) JELR 41808 (CA)

Court of Appeal  •  CA/E/198/2007  •  4 Jul 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Enugu State High Court delivered on 9/3/07. Notice of Appeal was filed on 31/5/07. The appellants brief was filed on 5/3/09 and it was deemed filed on 13/5/09. The 1st and 2nd respondents filed their joint brief on 21/8/13 and it was deemed filed on 23/9/14. On 28/1/16, an order of this Court had issued that the appeal be heard on the appellants brief and the 1st and 2nd respondents briefs alone, since the 3rd to 6th respondents on record had been unwilling or unable to file their respondents briefs. The facts that led to this appeal are as follows:

The appellants and the respondents had a dispute over a piece of land both parties being from Ireh Village, Ojoto, in Idemili South L.G.A of Anambra State. The dispute was submitted to customary arbitration but it later degenerated into violence. The 1st and 2nd respondents claimed that on Wednesday 22nd November, 2002 the appell…

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