(2013) JELR 39826 (CA)    

Court of Appeal  ·  CA/PH/508/2008 ·  10 Dec 2013 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
appellate court
learned trial judge
native cow
proof of their case
1st appellant
abouke umuokpo
following passage of his judgment
quality of evidence
case of the plaintiffs
credible evidence of their averments
grounds of appeal
mboh ogbatu
ndi ogbatu land
possession of the land
quality evidence
quantity evidence
quantity of evidence
statement of claim
2nd witness
abia state
briefs of argument
disputed land
duty of counsel
evidence of dw
exclusive possession
judgment of the high court
killed cow
land use act
leading judgment
lead judgment
leave of court
oil palm fruit of the plaintiffs
order of perpetual injunction
parcel of land
proper evaluation of the evidence
respondents brief of argument
said ancestor
see kwarra v
submission of the defence counsel
support of the pleaded facts

UWANI MUSA ABBA AJI (PJ), J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court, Abia State, sitting at Isiukwuato delivered on 5/3/2008. The Appeal was initiated vide the Notice of Appeal dated 1/4/2008 and filed on 2/4/2008 but the Appellant subsequently amended the notice of appeal encompassing seven (7) grounds. Same is dated 19th day of January, 2011 and filed on 20/01/2011 pursuant to order of this Court made on the 17th January, 2011.

The Plaintiffs (hereinafter called the Appellants) at the trial Court took out an action on 21/4/2004 against the Defendants (hereafter called the Respondents) seeking:

1. A declaration that the Plaintiffs are entitled to the grant of statutory right of occupancy of that piece or parcel of land known as and called "Abouke Umuokpo" situate at Iheokwe and lying behind Iheokwe community, in Ahaba Imeyi Isiukwuato and having an annual rental value of not more than N20.00 (Twenty Naira), the Plaintiffs being in…

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