ALANWOKE & ORS
V.
NKWOCHA & ANOR

(2018) JELR 39932 (CA)    

Court of Appeal  ·  CA/OW/386/2013 ·  2 Feb 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
j.c.a.
appellants
defendants
appeal
ayobode olujimi lokulo-sodipe
challenge
claimants
community reading of the claimants statement of claim
ex facie
ita george mbaba
leading judgment
n50,000.00 costs
raphael chikwe agbo
respondents
said property
statement of claim
statute
trial court

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): It is clear from a community reading of the claimants statement of claim that the defendants allegedly broke and entered the claimants land in 1996. There is nothing ex facie the statement of claim that shows that the defendants dropped this challenge and withdrew from the said property anytime before the appellants sued in 2010. The trial Court was right to hold that the appellants suit in 2010 was statute barred. This appeal is dismissed with N50,000.00 costs to the Respondents.

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree

ITA GEORGE MBABA, J.C.A.: I agree

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