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OGED OVUNWO GODFREY OVUNWO (For themselves and on behalf of Ovunwo Family of Rumuaghaolu Village in Obio/Akpor Local Government Area of Rivers State) V. IHEANYICHUKWU WOKO NNAMDI WOKO OSONDU WOKO (For themselves and on behalf of Woko Family of Rumuaghaolu Village in Obio/ Akpor Local Government Area of Rivers State)

(2011) JELR 53440 (SC)

Supreme Court  •  SC.297/2005  •  10 Jun 2011  •  Nigeria



CHUKWUMA-ENEH JSC (Delivering the Lead Judgment): This appeal is against the decision of the Court ofAppeal, Port- Harcourt Division (i.e. lower court herein) given on 4 July 2005 - in which the lower court has dismissedthe plaintiffs/appellants’ground one of the ground ofappeal seeking a declaration that the appellants are entitled to a Customary Right of Occupancy of the land in dispute otherwise known as and called “Okporo Ovunwo”; in other words as condensed under issue one for determination in this appeal. Thus, more or less, it has allowed the appeal albeit in part.

On the question of the appellate High Court having failed to consider and pronounce on issue 3 (three) for determination otherwise dealingwith the omnibus ground of appeal properly raised before it as issue 2 (two) the lower court rightly in my view has ordered as follows: “...a fresh trial of the appeal before another Judge of the court below” i.e. the appellate High Court. Further facts of this matter for purposes…

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