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PROFESSOR JOHN OSEMEIKHIAN v. CHIEF JOE EDIONWELE & ORS

(2016) JELR 36816 (CA)

Court of Appeal  •  CA/B/326/2013.  •  8 Jan 2016  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAGWU JCA;

Judgement

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment):This is an appeal against the judgment of the Edo State High Court of Justice, Ekpoma Judicial Division in Suit No. HEK/58/2004, between Professor John Osemeikhian (for himself and on behalf of late venerable E.A.M Osemeikhian of Idumebo, Ekpoma), Chief Joe Ediomwele, and Gabriel Irehobhude (for himself and on behalf of the family of Irhehobhude of Ujemen, Ekpoma) and Peter Agbebalun, delivered on the 23rd of April, 2013, wherein the Plaintiffs’ claim was dismissed in its entirety.

The facts generating the instant appeal arose from the action in suit No HEK/58/2004, filed by the plaintiff before the Ekpoma Judicial Division of the Edo State High Court. The plaintiff’s claim, as borne in his third further amended statement of claim are for the following reliefs:-

i. A declaration that the expanse of land commonly known as OSEMEIKHIAN ESTATE lying abutting Idumebu village and Ujemen village, Ekpoma more particularly demarcate…

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