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(2021) JELR 106996 (CA)

Court of Appeal  •  CA/AS/34/2019  •  17 Mar 2021  •  Nigeria

Mohammed Ambi-Usi Danjuma, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA


MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice of Delta State, delivered on August, 8th, 2018 by his Lordship, Hon. Justice E. N. Emudainohwo, J (Mrs.) dismissing the Plaintiff’s/Appellant’s claims and entering judgment for the Defendants/Respondents herein per their counter claim at the trial Court.

By a writ of summons filed on 24th January, 2012, the Appellants had claimed by their 2nd Amended statement of claim as follows:

(a) A declaration of this Honourable Court that the River/stream/canal called Oton-Ughoton by the claimant Otoramua Community and called Ozue by the defendants Oku Ovo 1 Community is the natural boundary between the claimants Community and the Defendants Community referred to above here in Sapele L.G.A. a place within the jurisdiction of this Honourable Court.
(b) An order of the Court directing the defendants, by themselves, their community, agents, servants and privies to ac…

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