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COSMAS OKONKWO V. ALEXANDER IKEGWUOHA KENNETH IKEGWUOHA BONAVENTURE IKEGWUOHA

(2001) JELR 51833 (CA)

Court of Appeal  •  CA/E/239/98  •  8 May 2001  •  Nigeria

Coram
SULE AREMU OLAGUNJU, JCA JOHN AFOLABI FABIYI, JCA

Appearances
B. A. Nkemjika, Esq., - for Appellant. -*- Chief U. N. Udechukwu, SAN - for Respondents.

Judgement

AKPABIO, JCA (Delivering the Lead Judgment): This is an appeal against the decision of Anijah-Obi, J. of the High Court of Anambra Stateof Nigeria, holden at Ihiala in suit No. HIH/MISC.9/97, decided on 11th May, 1998, wherein he refused to vacate the transfer order erroneously made by Ononiba, J. transferring suit No. CCO/31/89 in respect of which judgment had already been delivered on 24/7/92, from Customary Court, Orsumoghu to Customary Court, Ihiala, β€œfor hearing and determination. In a land case filed by the appellant, as plaintiff, against the respondents, as defendants, at the Customary Court of Anambra State holden at Orsumoghu, in suit No. CCO/31/89, judgment was entered in favour of plaintiff, with customary right of occupancy in respect of the disputed land being declared for him. Defendants were also ordered to pay to plaintiff, the sum of N1,165.00 as special and general damages, as well as order of perpetual injunction being made against the defendants, their families,…

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