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UWABUADA UMEGBU & ORS. v. BROWN UGBOAJA

(2011) JELR 33031 (CA)

Court of Appeal  •  CA/OW/88/2009  •  19 May 2011  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice S. O. E. Nwanosike sitting at Aba High Court, Abia State dated 2nd April 2009. It was a consolidated judgment in respect of five suits hitherto filed by the respondents herein against the appellants after the said suits were consolidated. The facts that led to this appeal are as follows:

Between 1975 and 1978 the respondents herein as plaintiffs on behalf of his Umuebo family instituted five suits at the Umuahia Judicial division of Imo State High Court wherein they claimed as follows in suit HU/82/75:

The Plaintiffs claim against the Defendants jointly and severally:

(A) Declaration that all that lot piece or parcel of land known and called "EZI UMUEBO" situated at Ngodo Amuro Ibere Ikwuano within Umuahia Judicial Division, valued N10.00 is the communal property of Umuebo family of Ngodo, Amuro Ibere.

(B) N400.00 general damages for trespass.

(C) Order for; (i) the 1st defend…

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