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MARCUS OPUIYO & ORS. V. JOHNSON OMONIWARI (Deceased) & ANOR

(2007) JELR 42631 (SC)

Supreme Court  •  SC.131/2002  •  8 Jun 2007  •  Nigeria

Coram
NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Judgement

G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): This appeal arose out of a land dispute between two families from Rivers State. The appellants (hereinafter referred to as the plaintiffs'), for and on behalf of the Amaso family of Ogoloma in Okrika, Rivers State, brought a suit at the Port-Harcourt High Court against the 1st respondent Johnson Omoniwari, now deceased (hereinafter referred to as the defendant) of Kinugbe family of Koroni Biri, Ogoloma claiming the following reliefs:

"(a) that the plaintiffs arc entitled to the statutory right of occupancy to all that piece or parcel of land situate at Amaso Compound of Ogbimebiri or Polo, Ogoloma which said land is more particularly delineated on Plan No.CTH.30(L/D) and therein Verged red.

(b) order of forfeiture of the defendants use of the land and house granted to him without fee by plaintiffs ancestors.

(c) a perpetual injunction restraining the defendants, their kinsmen, servants and agents from further interference with t…

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