(2003) JELR 44814 (CA)    

Court of Appeal  ·  CA/B/169/99 ·  30 Jul 2003 ·  Nigeria
Other Citations
Akoma v. Osenwokwu [2004] 11 NWLR (Pt.883)98
Akoma v. Osenwokwu (2004) 11 NWLR (Pt. 883) 98
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
ebu people
okolo nwagba
senior counsel
said land
chief okoda
issue of res judicata
evidence of pw5
amended statement of claim
following terms
odiani clan court
statement of defence
suit no. o
acts of trespass
admissible evidence
doctrine of res judicata
iyi-nkpume land
leading judgment
local government area of delta state
parcel of land
said odiani clan court suits
then obi of ebu
totality of the evidence
2nd defendants
absolute grant of a piece of land
amended writ of summons
asaba high court
circumstance of the case
customary right of occupancy of the entire land
evidence of traditional history of both parties
family tree
following cases
grounds of appeal
learned trial
number of exhibits
obi osenweokwu v
portion of the disputed land
portion of their land show
property of the plaintiffs
reserved judgment
said document
said okogboi
survey plan no. lus
ugwashi uku court
ugwashi uku high court

AKAAHS, J.C.A. (Delivering the Leading Judgment): Two suits were consolidated at the trial. They are suit No. O/11/75 in which the appellants were the defendants and suit No. O/11/76 in which they were the plaintiffs. On consolidation of the two actions, the appellants were made the defendants, while the respondents remained as plaintiffs. Suit No. O/11/75 was first commenced at the Asaba High Court as suit No. A/30/72, but was later transferred to Ugwashi Uku Court, where it was renumbered as O/11/75. On 21/5/76, the defendants also instituted an action at Ugwashi Uku High Court and this latter suit was numbered O/11/76. The 1st and 2nd defendants in suit O/11/76 admitted in their pleadings that they granted a portion of the disputed land to the 3rd defendant; hence, it was not difficult to consolidate the two actions when an application to that effect was granted on 27/10/78.

In the amended writ of summons the plaintiffs claimed as follows:

"The plaintiffs claim jointly and severall…

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