(2018) JELR 39145 (CA)    

Court of Appeal  ·  CA/OW/07/2012 ·  25 May 2018 ·  Nigeria
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
said institutions
appellants case
post office
cross appellants
none of the parties
railway station
efik quarters
records of appeal
academic question
respondents counsel
model school
saint cyprian anglican church
trite law
claims of the plaintiffs
forfeiture order of the court
issue of customary tenancy of the claimants
learned trial judge
main suit
ownership status
plaintiffs land
portion of land
remarkable feature of this case
respect of the said land
review of the evidence
senior counsel
actual persons
address of counsel
appellants notice of appeal
counsel o.a. obianwu esq
cross examination of pw2
determination hold
invasion of the plaintiffs land
judgment appellants
judgment of abia state high court
leading judgment
notice of cross-appeal
order of perpetual injunction
suit no. hs

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this appeal against the judgment of Abia State High Court in Suit No. HS/01/05, delivered on 17/10/2011 by Hon. Justice Obisike Oji, wherein the learned trial Judge struck out the claims of the Plaintiffs (now Appellants) and also struck out the Counter-claim by the Defendants (now Respondents and Cross Appellants).

The claims of the Plaintiffs at the trial Court was for:

(a) A declaration that the portion of land where the Post Office, Mission Hill (Methodist Church Nigeria Diocese of Isuikwuato Headquarters), Girls Secondary (Model School), Saint Cyprian Anglican Church, Efik Quarters, Ibibio Quarters, Trinity Methodist Church, Yoruba Quarters and the Area where the Railway Station is located, moving further into the area where Amaba Daily Market is situate, belongs to the Amaba people of Isiala Isuamawu, Isiukwuato.

(b) A declaration that the invasion of the Plaintiffs land and vandalization of the Plaintiffs …

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