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ANDREW OSUMUO v. SAMUEL UDEAJA

(2008) JELR 33525 (CA)

Court of Appeal  •  CA/E/122/2006  •  9 Apr 2008  •  Nigeria

Coram
MOHAMMED L. TSAMIYA JCA; SOTONYE DENTON-WEST JCA; JIMI OLUKAYODE BADA JCA;

Judgement

MOHAMMED L. TSAMIYA. J.C.A (Delivering the Leading Judgment) This is an appeal against the judgment of Anambra State High Court (herein referred to as the trial court) sitting in the Nnewi Judicial Division. The judgment appealed against was delivered on 20/1/2004 in suit No. HN/93/2001. The Plaintiff claimed against the defendant as follows:

(a) A declaration that:

(i) The plaintiff is entitled to possession and use of that certain piece or parcel of land known as and called "MBANA" land otherwise known as No.17 Onitsha - Owerri (or Oguta) Road, Nnewi within the jurisdiction of this Honourable Court.

(ii) The demand by the Defendant from the Plaintiff of the sum of N600,000.00 (Six hundred thousand Naira) additional consideration on the said Mbana land is unconscionable and wrong in law, and

(iii) The plaintiff is entitled to a statutory right of Occupancy in respect of the said Mbana land.

(b) Relief from any forfeiture of the said Mbana land on ground of non-payment of annual rent …

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