ABE & ANOR
V.
DAMAWA & ANOR

(2011) JELR 46073 (CA)

Court of Appeal · CA/J/51/2007 · 24 May 2011 · Nigeria

CORAM

KUDIRAT M.O. KEKERE-EKUN Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

1st respondent

land

2nd respondent

2nd appellant

counter claim

exhibit a1

issues

statement of defence

2nd defendant

exhibit c

learned trial judge

documentary evidence

cross-examination

declaration of title

trial court

preponderance of evidence

process file

eze v. atasie

favour of the 1st respondent

interested party

ministry of lands

right of occupancy no. bnc

amended statement of claim

conclusive evidence

acts of trespass

approval of the grant

case of ogidi v. igba

confirmatory allocation approval

custody of the 7d defendant

evidence of dw3

exhibit b. sometime

favour of the plaintiff

gbafe v. gbafe

i.b.w.a. vs imano ltd.

issuance of a statutory right of occupancy

judgment of the high court of benue state

kada v.

learned trial judge ought

nsirim v. nsirim

odumosu v. oduwole

possession of a plot of land

principal state counsel

respect of both respondents

respect of the said land

single issue

virtue of the doctrine of lis pendens

KUDIRAT M.O. KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State, Makurdi division delivered on 27/9/05 in favour of the plaintiff (1st respondent herein) against the 2nd defendant (2nd appellant herein) and dismissing the 2nd defendant's counter claim. The appellants being dissatisfied with the decision filed a notice of appeal on 7/12/05 containing four grounds of appeal.

The parties duly filed and exchanged their respective briefs of argument. The appellants' brief settled by M.A. Tsuwa Esq. is dated and filed on 3/12/07. The 1st respondent's brief settled by J.I. Orsal Esq. is dated 10/5/07 and filed on 19/6/07. The 2nd respondent's brief settled by P.M. Ukande Esq. is dated 11/1/2010 and filed on 18/2/2010. It was deemed filed on 24/11/2010. The Appellants also filed a reply brief in respect of both respondents' briefs. It is dated and filed on 3/12/2010.

The appellants formulated 3 issues for determinatio…

ABE & ANOR V. DAMAWA & ANOR

ABE & ANOR
V.
DAMAWA & ANOR