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OBILOBI HERBERT O. C. UDEMBA & ORS v. OWERRI MUNICIPAL LOCAL GOVERNMENT

(2018) JELR 39247 (CA)

Court of Appeal  •  CA/OW/21/2015  •  19 Apr 2018  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal of the Plaintiff (now Appellants) against the decision of Imo State High Court in suit No. HOW/286/2010 delivered on 16/12/2013.

The Plaintiffs claim against the Defendant as per paragraph 27 of their Amended Statement of claim read thus:-

a. A declaration that the Claimants are the people entitled to the grant of statutory right of occupancy over the piece or parcel of land known as and called Ogbaso measuring an area of 4915.774 square yards or 1?? acres properly delineated in plan No. BAN/80/63 and the Claimants dispute plan, and situate and lying along MCC/Uratta Road in Umuorornjo Owerri Nchi Ise Owerri Municipal Local Government Area.

b. An order of Court that the lease agreement dated 29th of October, 1965 between the Claimants families and the Defendant is null and void following obvious breaches of fundamental covenants of the said lease by the Defendant.

c. Ten Million …

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