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MRS. NGOZI UWAHIANRI & ANOR V. MR. SOLOMON CHUKWUMA ONYEMAIZU & ANOR

(2017) JELR 41926 (CA)

Court of Appeal  •  CA/OW/11/2012  •  15 Feb 2017  •  Nigeria

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

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abia State High Court in Suit No. HU/105/2006, delivered on 23/6/2011 by Hon. Justice A.K. Ogwe, wherein the learned trial Court dismissed the claims of the plaintiffs in its entirety.

The plaintiffs, now Appellants, had sought the following reliefs from the Court below, as per their writ of summons, filed on 15/5/2006:

1) A declaration that the plaintiffs are entitled to the statutory Right of occupancy in respect of each portion of lands subject matter of this suit, namely: 4 portions of Okporoama land, 5 portions of Okpuaja land, 7 portions of Apu-ene land, 6 portions of Uzo Afrika land, 1 portion of Azu-Oba land, 2 portions of ihiahia Nkwota land and 4 portions of Okpula Umuanga land which are variously located at Umuanga Village, Amakama Olokoro, Umuahia South Local Government Area of Abia State.

2) An order commanding the Defendant and his people, their heirs, servants and or workm…

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