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JOHN UZOECHINA & ORS V. CHUKWUMA UNOKAH & ORS

(2014) JELR 46793 (CA)

Court of Appeal  •  CA/B/83/2012  •  19 Mar 2014  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, holden at Ogwashi-Uku, on March 16, 2011 in Suit No. A/125/2007. By the Judgment in question, the lower court, coram the Hon. Justice T. O. Diai dismissed the Appellants' suit whereby they claimed a declaration of title, trespass, and injunction against the Respondents. Thus dissatisfied with the said judgment, the Appellants filed their notice of appeal in the court below on 13/6/2011, thereby urging upon this court to set aside the said judgment and grant the Appellants' reliefs.

BACKGROUND FACTS

The facts and circumstances surrounding the appeal are not far to seek. Indeed, they are gleanable from the records of appeal. On 25/7/07, the Appellants filed the said suit, vide a Writ of Summons, in the court below jointly and severally seeking declarative and injunctive reliefs against the Respondents. By paragraph 27 of the statement of claim…

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