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MR. MARTIN OKORIEOCHA & ANOR v. PAUL EMERENI & ORS

(2016) JELR 37133 (CA)

Court of Appeal  •  CA/OW/322/2012  •  10 Feb 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA;

Judgement

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court in Suit No. HME/47/1986, delivered on 14/6/12 by Hon. Justice F.I. Duroha-Igwe, wherein his lordship dismissed the Plaintiffs' claim for lacking in merit.

In the Court below the Plaintiffs had sought the following reliefs against the defendants (now Respondents).

(1) A declaration that the Plaintiffs are within the making and intentions of the Land Use Act, 1978, the owners and entitled to the Statutory right of occupancy of the piece or parcel of land known as and called ALA UMUDIKE, situate at, being and lying at DIKENACHIEZE in UMUELEM, Umuihi within the Etiti Urban Area in the now Ihitte-Uboma Local Government Area of Imo State, more particularly, covered by the Plaintiffs' Litigation Plan No. AS.A/IMO 293/87 OF 23/12/87 made by J.O. Agugua Licenced Surveyor.

(2) An Order of perpetual injunction restraining the defendants, their agents and privies or any person by…

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