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CHUKWUMANJO UDEAJA V. DANIEL NWOSU

(2002) JELR 57818 (CA)

Court of Appeal  •  CA/E/27/2001  •  11 Feb 2002  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU, JCA (Presided) SULE AREMU OLAGUNJU, JCA (Read the Lead Judgment) MUSA DATTIJO MUHAMMAD, JCA

Judgement

OLAGUNJU, JCA (Delivering the Lead Judgment): The appeal isagainst the ruling of Ononiba, J., of the Nnewi Judicial Division of the Anambra State High Court dismissing the plaintiff/appellant’s action on a preliminary objection by the defendant/respondent that the action being a dispute about right over a piece of land and, therefore, potentially contentious it was wrong to have commenced the action with an originating summons.

At the centre of the appellant’s claim at the court below is a parcel of land that was the subject of an earlier court action between the respondent’s father and the appellant at the same Nnewi Judicial Division of the High Court which granted a small portion of the parcel of land to the respondent’s father but refused his claim over the larger portion of the land in possessionof the appellant. The decision of the trial court was on appeal affirmed by this court and eventually by the Supreme Court in its decision in Appeal No. SC. 154/1987 delivered on 26/1/90…

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