(1998) JELR 45560 (CA)    

Court of Appeal  ·  CA/E/35/94 ·  18 May 1998 ·  Nigeria
Other Citations
Agu v. Nnadi (1999) 2 NWLR (Pt.589) pg.131
Ozoemena v. State (1998) 10 NWLR (Pt. 571) 632
Agu v. Nnadi (1999) 2 NWLR (Pt. 589) 131
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
pledged land
claims of the plaintiff
anambra state high court
decision of the learned trial judge
evidence of p.w.1
father of michael chime
respect of the said land
see jones v
order of court
learned counsel
evidence of a deceased witness
valid reason
respect of the burden
plaintiffs claim
onus of proof
possession of the said land
supreme court
said land
proper appraisal of the facts
trial court
evidence showing
grand father
alleged customary land of trusteeship
see n.i.p.c. limited v
native law
procedure of this court
grand father of the first appellant
leading judgment
chime nwagu ude
trial judge
case abotehe kponugho
question of title
similar case
pledged property
further act
burden of proof
decision of okadigbo
nnadi ukwuani
united bank
grounds of appeal
said witness

SALAMI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of Okadigbo, J., delivered on 25th June, 1990 in the Anambra State High Court, in Enugu Judicial Division silting in Enugu. The claims of the plaintiff which went to trial are -

"(a) A declaration that the plaintiff is entitled to redeem the pledged land verged pink in the plaintiff's plan No. FCO/09/82 and thereon described as the land in dispute.

(b) An order of court that the defendant do accept from the plaintiff the sum of twenty five naira (N25.00) being the redemption money in respect of the said land.

(c) A perpetual injunction restraining the Defendant and/or his agents or servants or privies from remaining on the said land or remaining in possession of the said land."

At the trial, the plaintiff called three witnesses and placed reliance on the evidence or one Oza Jonas Ozougwu who had earlier testified before his death in the same action. The defence also called two witnesses. The learn…

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