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JAMES OKPALA V. FRANCIS OKOLI

(2009) JELR 47180 (CA)

Court of Appeal  •  CA/E/192/2007  •  20 May 2009  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; STANLEY SHENKO ALAGOA JCA; SIDI DAUDA BAGE JCA;

Judgement

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Nwizu J, of the High Court, Awka in the Awka Judicial Division of Anambra State in Suit No. AA/42/82 Francis Okoli V. James Okpala delivered on the 28th day of February, 2007, which made a declaration that the Plaintiff is the person entitled or deemed to be entitled to the customary right of occupancy to the piece and parcel of land known as and called "Ana Azu Owelle Francis Okoli" situate at Isiamaigbo village Agulu. Briefly the facts culminating in this appeal are as follows:-

The present Respondents in this appeal as plaintiffs in the High Court Awka, had claimed against the Appellants as defendants in that Court as follows:-

(a) A declaration that the plaintiff is the person entitled or deemed to be entitled to the customary right of occupancy to the piece and parcel of land known as and called "Ana-Azuowelle Francis Okoli" situated at Isiamaigbo village Agulu within the jurisdic…

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