AKPORIAYE
V.
OKUMAGBA & ORS

(1998) JELR 45602 (CA)    

Court of Appeal  ·  CA/B/102/91 ·  14 Dec 1998 ·  Nigeria
 · 
Other Citations
Akporiaye v. Okumagba (1999) 1 NWLR (Pt. 586) 271
CORAM
OKAY ACHIKE Justice of The Court of Appeal of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MAHMUD MUHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
volume d12 of the lands
j. evidence
3rd defendant
learned trial judge
said land of the plaintiff
respect of the land
acceptance of the evidence of plaintiff
warri high court
lead evidence
learned judge
parcel of land
1st respondent
respect of the said parcel of land
leading judgment
2nd defendants
plaintiff
3rd respondents
rubber plantation
certificate of occupancy no. bdsr
part of the plaintiff
governor of the said state
possession of the plaintiff
suit no. w
satisfactory traditional evidence of title
statement of claim
favour of the 3rd defendant
governor of the bendel state of nigeria
grounds of appeal
trial judge
jurisdiction of this honourable court
particular reference
lead judgment
support of his contention
traditional ownership
inter alia
said verdict of the court
respect of the plaintiff
survey plan no. mwc
question of the evidence of traditional history
conflicting evidence
type of title
present 2nd
further acts of trespass
main question
trial
perpetual injunction
1st defendant

SUNDAY AKINOLA AKINTAN, JCA (delivering the Leading Judgment): The appellant, Bernard, Akporiaye, was the 3rd defendant in this suit instituted at Warri High Court as Suit No. W/69/84. The 1st respondent, Chief Daniel Okumagba, was the plaintiff while the present 2nd and 3rd respondents were then the 1st and 2nd defendants respectively. The plaintiff's claim as set out in paragraph 29 of the plaintiff's amended statement of claim is as follows:

"AS AGAINST ALL THE DEFENDANTS JOINTLY AND SEVERALLY-

(1) A declaration that the Certificate of Occupancy No. BDSR 2634 granted by the erstwhile civilian, Governor of the Bendel State of Nigeria (Professor A.F. Alli) on his last day in office, the 30th day of September 1983, registered as instrument No. 4 at Page 4 in Volume D12 of the lands, Registry in the Office at Benin is unconstitutional, unlawful, irregular, null and void and consequently ineffectual to pass unto the 3rd defendant any title, right or interest in respect of the land in di…

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