AKOMA & ANOR
V.
OSENWOKWU & ORS

(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

CORAM

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

plaintiffs

defendants

learned trial judge

evidence

ebu people

okolo nwagba

senior counsel

said land

chief okoda

issue of res judicata

evidence of pw5

amended statement of claim

cross-examination

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…

AKOMA & ANOR V. OSENWOKWU & ORS

AKOMA & ANOR
V.
OSENWOKWU & ORS