UDECHUKWU V. NNUBIA

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment): The suit which led to this appeal was filed on 16/03/2012. It was filed in the registry of the Port Harcourt Division of the High Court of Rivers State. The respondent in this appeal was the claimant in the suit. The respondent sued the appellant in this appeal, as the defendant. In the writ of summons and paragraph 10 of the statement of claim (filed together) the respondent prayed the lower Court to make the following orders: 

“a. A DECLARATION that the claimant by inheritance is entitled to the customary and statutory right of occupancy over the piece or parcel of land being lying and situate at Ohia Barbwire MEASURING 1483.82 SQ MTS. IN PLAN NO VNN/SC/RV036/1988, in Woji Por Harcourt Rivers State and can put it to whatsoever use he wishes. 

b. A DECLARATION that all that piece of parcel of land measuring and approximately three plots lying and situate at as Ohia Barbwire MEASURING 1483.82 SQ MTS. IN PLAN NO VNN…