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ELDER OGBONNAYA ONWUCHEKWA & ANOR v. CHIEF PETER CHUKWU ONWUEGBU & ORS

(2013) JELR 34129 (CA)

Court of Appeal  •  CA/PH/451/2006  •  27 Mar 2013  •  Nigeria

Coram
UWANI M. ABBA AJI JCA; JOHN I. OKORO JCA; PHILOMENA M. EKPE JCA;

Judgement

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Abia State sitting at Igbere delivered by Hon. Justice S.F. Analaba on the 30th day of May 2006.

The Appellants as claimants instituted an action against the Respondents at the Abia State High Court holden at Igbere over the piece or parcel of land known as and called "ASUKWU" lying and situate at Amakalu, Alayi in Bende Local Government Area of Abia State. The said Appellants suing in a representative capacity claimed declaratory and injunctive reliefs and also claimed damages for trespass.

The defendants/Respondents in their statement at para. 8 averred that the land in dispute is made up of two parts: "IYIOBA" and "OKPUKPUENYI." They further stated that the said land in dispute was the subject of a suit decided by the Alayi District Court in Civil case No. 149/53 in favour of the defendants. That the said judgment was affirmed by Bende Country Court on the 4th …

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