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CLIFFORD OSUJI v. NKEMJIKA EKEOCHA

(2009) JELR 47350 (SC)

Supreme Court  •  SC.390/2002  •  10 Jul 2009  •  Nigeria

Coram
NIKI TOBI JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; JOHN AFOLABI FABIYI JSC; OLUFUNMILOLA OYELOLA ADEKEYE JSC;

Judgement

O.O. ADEKEYE J.S.C. (Delivering the Leading Judgment): The Appellant, Clifford Osuji as the 2nd Plaintiff in the High Court of Imo State, Owerri Judicial Division, sued the deceased father of the Respondent Ukachi Maxwell Ekeocha for the reliefs set out in paragraph 35 clauses (a-f) of the Further Amended Statement of claim as follows:-

(a) "Declaration of title to all that piece of land which is the home of Umuopara Nwanyiri or Nwanyiri family and called "Uhe Umuopara Nwanyiri" and which lies at Ekeonunwa Street, Owerri Amawon Compound, Owerri in Owerri Judicial Division and shown in Plaintiffs' plan NO.E/GA/343/74.

b) A declaration that the defendant is the customary tenant of the Plaintiffs in the said land.

(c) A declaration that by denying the plaintiffs' title in respect of the said land and behaving in a manner inconsistent with the proprietary interest of the Plaintiffs, the defendant has forfeited the customary tenancy.

(d) An order of court for the defendant and members of…

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