(2013) JELR 39746 (CA)    

Court of Appeal  ·  CA/B/42/2006 ·  3 Dec 2013 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
exhibit c
issue no.
trial court
government college
pillars numbers
respective parties
statement of claim
learned counsel
suo motu
cross examination
exhibit d
peg numbers
exhibit c.
following effect
order of court
face of the evidence
interest of the delta state government
issue of alleged difference
judgment of the high court of delta state
layout plan of gra extension ii
learned trial court
order of perpetual injunction
parcel of land
trustees of amorc vs. awoniyi
ughelli north
absence of a guide
a. see
background facts
counterclaim raise
decision of the learned trial court
extant rules of this court
f amount
following reliefs
infraction of the principle of fair hearing
land registry
leading judgment
local government area of delta state
much ado
no. uhc
osagie vs. adonri
preparation of exhibit d
present appeal
various survey plan

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is against the Judgment of the High Court of Delta State which was delivered on November 4, 2005, by the Hon. Justice A.A. Onojovwo. By the said Judgment, the lower court dismissed the Appellant's case and upheld the Respondent's counterclaim against the Appellant. Dissatisfied with the decision in question, the Appellant appealed to this court on November 7, 2005 upon a total of eight grounds of appeal.


The genesis of the instant appeal could be aptly traced to January 1, 2001. That was the day the Appellant caused the said Suit (No. UHC/9/2004) to be instituted in the court below, vide a writ of summons and statement of claim. By the endorsement to the writ of summons and paragraph 26 of the statement of claim thereof, the Appellant's claim against the Respondent is to the following effect:

(i) A declaration of title that Plaintiff is the bona fide and statutory owner of the …

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