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CHIEF GODFREY OSSAI-UGBAH & ORS V. JOSEPH AGOLO

(2014) JELR 40252 (CA)

Court of Appeal  •  CA/B/178/2012  •  28 Jan 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; TOM SHAIBU YAKUBU JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the Judgment of the High Court of Delta State, holden at Obiaruku Judicial Division, which was delivered on March 6, 2012 in Suit No. HOB/6/2009. By the said Judgment, the lower court, coram the Hon. Justice MN Obi, dismissed the Appellant's claim and granted the Respondent's counter claim, to the effect that the Respondent was entitled to a customary Right of Occupancy over the parcel of lands known as Nos. 15A and 15B Ikpeteshi Street, Umutu, and perpetual injunction against the Appellants.

By the Writ of Summons and Amended Statement of claim thereof, dated 07/6/10, the Appellants sought against the Respondent the following reliefs -

i. A declaration that the Plaintiffs are under the native laws and custom of Umutu people, entitled to a customary Right of Occupancy over all that parcel of land known as and called No. 15 Ikpeteshi Street, Umutu.

ii. N1, 200,000.00 (One million and…

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