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MARCELLINUS ASHILONU & ANOR v. ANDREW OHALE & ANOR

(2018) LPELR-44267(CA)

In The Court of Appeal of Nigeria

On Friday, the 4th day of May, 2018

CA/OW/170/2014


Before Their Lordships

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria


Between

1. MARCELLINUS ASHILONU
2. RAYMOND OKEBARAM ASHILONU
(For themselves and as representing Ashilonu family of Umugada Irete) - Appellant(s)

AND

1. ANDREW OHALE
2. JOHN IFEDIORA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Declaration of Title to Land.
FACTS:
This is an appeal against the judgment of Imo State High Court in Suit No. HOW/417/2010, delivered on 30th September, 2013, by Hon. Justice I. O. Agugua, whereof the learned trial Judge dismissed the claims of the Plaintiffs (now Appellants).

At the lower Court, Appellants had sued Respondents, claiming as follows:

(1) Declaration that the Claimants are the persons entitled to the grant of Customary Right of Occupancy to the Parcels of Land known as and called UHU ALA ASHILONU, UHU NWALA and AHIA ARIE COLLEGE (ALA NWOKWU) lying, situate and being at Umungada Irete, Owerri West (within Jurisdiction).

(2) Declaration of the Court that the 1st Defendant, not being a descendant of Eziama and Ogbuchi, cannot share with the Claimants the property the Claimants inherited from their ancestors, Eziama and Ogubuchi.

(3) Order of the Court setting aside the purported sale by the 1st Defendant to the 2nd Defendant of a portion of Ahia Orie College (Ala Nwokwu) land.

(4) Perpetual injunction restraining the 1st Defendant from further alienation of any parcel of land belonging to the Ashilonu family of Umungada Irete."

Miffed by the judgment of the trial Court, this appeal was filed.



ISSUES:
The appeal was determined on the issues of whether the Appellants had discharged the onus on them, to be entitled to the reliefs sought, and whether the trial Court had properly considered the relevant evidence in reaching its conclusions.


DECISION/HELD:
The appeal was dismissed. The judgment of the trial Court was affirmed.


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