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CHIEF J. E. UKUSARE & ORS. v. CHIEF MURPHY EJUMUDO & ORS.

(2000) JELR 44037 (CA)

Court of Appeal  •  CA/B/132/94  •  17 May 2000  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; RAPHAEL OLUFEMI ROWLAND JCA; BABA ALKALI BA'ABA JCA;

Judgement

BA'ABA, J.C.A. (Delivering the Leading Judgment): By a writ of summons and amended statement of claim dated 13/1/92, the appellants as plaintiffs commenced an action at the Effurun High Court against the respondents as defendants claiming against them as per paragraph 29 of the amended statement of claim as follows:-

"29. WHEREFORE, the plaintiffs claim as follows:-

1. A declaration that by virtue of the facts/proceedings of suit No.W/12/71 and the agreements dated 1/3/74, 10/3/74. 16/3/74 and 15/4/74 thereon the plaintiffs are persons entitled to statutory right of occupancy over the piece or parcel of land lying and situate in Otorkporo and Okoribi in Effurun within the jurisdiction of this Honourable court.

2. A declaration that by peace agreement entered into on 10th March, 1974 which ratified those of 15/4/73 and 1/3/74 between the two families (plaintiffs and defendants), and the judgments referred to in relief (1) above, the verdicts in both suits W/127/74 and W/48/74 delivered…

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