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CHIEF FRIDAY OWERRE ORIKE (Umu-Ohia Royal Family & ORS V. CHIEF ABALI OSIAGOR & ORS

(2010) JELR 41388 (CA)

Court of Appeal  •  CA/PH/231/2007  •  24 Nov 2010  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; EJEMBI EKO JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

EJEMBI EKO, J.C.A (Delivering the Leading Judgment): The Appellants were the claimants in the High court of Rivers State (hereinafter called the lower court) sitting at Omoku. The suit was before Hon. Justice A.W. Jumbo. The Respondents were the defendants in that suit.

The Appellants, as the claimants, had averred in their statement of claim that they had, many years ago, bought pieces of land from the Respondents and that the Respondents had thereafter "perpetually (transferred) their rights, entitlements, privileges on the portions of land sold to" them (the Appellants). The claimants, now the Appellants, complained in the statement of claim that the Respondents, after the sale of the portions of land to them (the Appellants), had menacingly or violently started to demand for goats, drinks, money, kola etc from the plaintiffs before burying any dead plaintiff on the land purchased from them by the defendants on the grounds that they (the defendants) want to appease the gods of the …

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