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ANIREJU UKUDANO J.M. DUDU (For themselves and behalf of Obonteghareda Community) V. SUNDAY KEREGBE TIMOTHY AIBE JOSEPH FADESAGHA ANDREW PEPPER CHIEF J.K. LAWURU JONAH A. BUNIZOH (for themselves and as representing the Ogbeinbiri Community)

(2002) JELR 57610 (CA)

Court of Appeal  •  CA/B/230/96  •  18 Mar 2002  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND, JCA (Presided) SAKA ADEYEMI IBIYEYE, JCA (Read the Lead Judgment) KUMAI BAYANG AKAAHS, JCA

Judgement

IBIYEYE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Obi J. sitting in his appellate jurisdiction in the High Court of Justice, Warri delivered on the 15th day of November, 1995 wherein he affirmed the order of dismissal of the trial Area Customary Court, Warri predicated on a withdrawal application made by the plaintiff/ appellant in a consolidated case made up of four suits.

It will make for clarity of purpose if a short sojourn into the initiation of the case leading to this appeal in the Area Customary Court, Warri is made. Thus, the further amended claim reads:

“The plaintiffs’ claim against the 1st defendant is for the sum of N2,000.00 (Two thousand Naira) for trespass committed by the 1st defendant entered (sic) the plaintiff’s bush between August and September, 1992 at Uba Mejebi Ogbosenine in Warri Local Government Area belonging to the plaintiffs and fell (sic) timber tress without the consent and authority of the plaintiffs first had and ob…

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