CAJETHAN UMEH EMMANUEL MBAKWE MARIUS OKPALA STEPHEN UMENZE OLEBARA UMENWA V. ANTHONY OKPALAIMA EDMUND OKPALA CHIBUEZE OKPALANWAKA (FOR THEMSELVES AND ON BEHALF OF OKPALAIHESIE FAMILY OF AGBENU VILLAGE, AKPO TOWN)
(2015) JELR 51331 (CA)
Court of Appeal
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CA/E/138/2009
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31 Aug 2015
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Nigeria
Coram
MASSOUD ABDULRAHMAN OREDOLA JCA (Presided) TOM SHAIBU YAKUBU JCA
Appearances
Dr. C. J. Ubanyionwu - for the Appellants.
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K. C. Ezeanyika Esq. - for the Respondents.
Judgement
<p><strong> AGIM JCA (Delivering the Lead Judgment): </strong> On 5 March 1998, the respondents herein, as plaintiffs commenced suit No.</p><p>CCM/24/98 in Mbamisi customary court at Aguata against the appellants herein as defendants, claiming for:</p><p>A declaration that the plaintiffs are entitled to the customary right of occupancy over the land known and called:</p><p>(1) Agho-Ocha land situate at Ugholo in Akpo.</p><p>Ala- Ofor la nd situa te nea r Community Secondary School, Akpo.</p><p>Umu-Inem land or Robulagu land A</p><p>Ala-Iyi Ogwe land all situate at Agbenu village Akpo town within jurisdiction.</p><p>An order of perpetual injunction restraining the defendants, by themselves, their agents, servants from further tr espassing into the said land or from interfering with plaintiffs’ right of occupancy over the said lands. N2,000.00 (two thousand naira) general and special damages.</p><p>After conclusion of evidence by both sides, the trial customary court on 22 December 1999 rendered judgment and ordered as follows:</p><p>That the plaintiffs, Anthony Okpal…</p>