(2002) JELR 44700 (CA)    

Court of Appeal  ·  CA/E/38/2000 ·  27 Feb 2002 ·  Nigeria
Other Citations
Agbogu v. Adiche [2003] 2 NWLR (Pt. 805)pg. 509
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned trial judge
complaint of lack of fair trial
leading judgment
high court trial
jurisdiction of the court
case file
fair trial
respect of certain lands
said land
stage of cross-examination of the defendant
original plaintiff
high court
senior advocate
present plaintiff
original parties
original defendant
audi alteram partem
statutory right of occupancy
present proceedings
view of the numerical superiority of the invaders
claim of the original plaintiff
behalf of appellant
considered view
hearing of the suit
equal opportunity
grant of a customary right of occupancy
requirements of fair hearing
statement of defence
see omega v
plaintiff claims
fair hearing
continuation of further cross-examination of defendant
annual value of the said land
nemo judex
judgment of s.m.b. ibeziako j. of anambra state high court
above complaint
connotation of fair hearing
causa sua

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of S.M.B. IBEZIAKO J. of Anambra State High Court, holden at Ogidi in Idemili Judicial Division in suit No. 0/183/89; HID/805/95 delivered on 17th December, 1998, wherein he dismissed plaintiff's suit for declaration of entitlement to customary/statutory right of occupancy in respect of certain lands in dispute; N1,000.00 damages for trespass and perpetual injunction, but rather awarded title to the said land to the defendant in accordance with his counter-claim for almost identical reliefs with N1,000.00 costs against the plaintiff.

It should be stated at this initial stage that at the trial court the original plaintiff was one Crawford Agbogu, while the original defendant was one Michael Adichie. The original parties later died, and were substituted with the present plaintiff and defendant now on record.

The claim of the original plaintiff was worded as follows:


The plaintiff claims as f…

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