Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2015) JELR 45736 (CA)    

Court of Appeal  ·  CA/OW/105/2011 ·  23 Jan 2015 ·  Nigeria
Other Citations
Alaribe v. Okwuonu (2016) 1 NWLR (Pt. 1492) 41
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria FREDERICK O. OHO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
exchange transaction
exhibit h
trial court
sir okwuonu
grounds of appeal
pieces of land
trial judge
emmanuel uwadileke
uwadileke njoku family
preliminary objection
appellant's counsel
documentary evidence
possession of the land
said emmanuel uwadileke
uwadileke family
lower court
learned trial judge
statement of claim
exhibits c
okpulor uwadileke
owner of the land
parcel of land
records of appeal
said sir okwuonu
area of land
brief of argument
counter-claim of the defendant
evidence of dw4
evidence of the pw1
exhibit h. appellant
fact of the said exchange of land
facts of the case
judgment of abia state high court
jurisdiction of this court
late father
leading judgment
lpelr-23540 ca
purchase documents
root of title of the land
said exchange transaction
said exhibits c
said uwadileke njoku family
statutory right of occupancy of a piece
terms of the said transaction

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Abia State High Court in Suit NO. HU/80/2006, delivered on 29/11/2010 by Hon. Justice Onuoha A.K. Ogwe wherein, the trial Court dismissed the Plaintiff's (Appellant) claim and granted the Counter-claim of the Defendant (now Respondent).

At the lower Court, Appellant, as per the writ of summons, filed on 8/4/2006, had claimed as follows;

(a) A declaration that the Plaintiff is entitled to the statutory right of occupancy of a piece or parcel of land in an area of land traditionally known as and called 'Okpulor Uwadileke, situate between in UMUMBA NSIRIMO and UMUERIM in Umuahia South Local Government Area of Abia State Nigeria, within the jurisdiction of this Court with annual rental value of ₦10.00.

(b) The sum of ₦10,000,000.00 (Ten Million Naira), being special and general damages for trespass to the aforesaid piece or parcel of land.

(c) An injunction...

The Appellant (as Plaintiff) ha…

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