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ISAAC OKOYE & ORS V. UMEOKOLI EZEMENIKE (FOR HIMSELF AND ON BEHALF OF UMU UMEH FAMILY OF OKPO VILLAGE, EKWULOBIA) & ORS

(2002) JELR 48962 (CA)

Court of Appeal  •  CA/E/67/2000  •  6 May 2002  •  Nigeria

Coram
SULE AREMU OLAGUNJU JCA; JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal, against the interlocutory decision handed out by Hon. Justice C.J. Okoli, on 17-1-2000, consolidating the three suits filed by the parties, while sitting at the High Court of Justice, Ekwulobia, in Anambra State of Nigeria.

It is apt to state the circumstance or situation created by the parties, which led to the order of consolidation of the three suits which were initiated in quick succession. In suit No. AC/108/97, the plaintiff/applicant/respondent for himself and on behalf of Umu Ume family of Okpo village, sued the appellants and James Okeke, for a declaration of title, to a statutory right of occupancy, to a piece or parcel of land called 'Ani Offia Udo Umu Ume' situate, and being in Uhana, Okpo Village, Ekwulobia town, whose annual value is N1,000. As well, he claims N250,000 as general damages for trespass and perpetual injunction. It is instructive to further note that, pleadings were duly exchanged in this …

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