AGU
V.
NNADI

(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

CORAM

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

evidence

proper appraisal of the facts

trial court

evidence showing

grand father

alleged customary land of trusteeship

appellant

see n.i.p.c. limited v

native law

procedure of this court

trial

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

respondent

united bank

grounds of appeal

land

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…

AGU V. NNADI

AGU
V.
NNADI