ALARIBE
V.
OKWUONU

(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

CORAM

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

appellant

respondent

counsel

appeal

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

d-e

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.

The Appellant (as Plaintiff) ha…

ALARIBE V. OKWUONU

ALARIBE
V.
OKWUONU