(2012) JELR 49281 (CA)    

Court of Appeal  ·  CA/E/120/86 ·  1 Jun 2012 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HARUNA M. TSAMMANI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
identity of the land
senior counsel
grounds of appeal
trial judge
evidence act
native court
possession of the land
exhibit b
ancestors of the respondents
judgment of the native court
native court judgment
2nd appellant
rules of this court
briefs of argument
exhibit b.
parcel of land
addresses of counsel
appellants claims
appellate court finds
considered judgment
contention of chief m. i. ahamba
exhibit a
findings of the learned trial judge
imo state high court
judgment of s. w. chianakwalam
leading judgment
long time
mere production of the record of proceedings
piece of land
pleaded facts
point of law
possession of the said land
previous court judgment
review order of mr. cook
said land
such ground of appeal
validity of the final judgment of the native court

HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of S. W. Chianakwalam; J of the Imo State High Court, sitting at Owerri in Suit No: HOW/146/76 delivered on the 24th day of January, 1986.

The Appellants as representatives of Umuadim and Umuroka communities took out a writ of summons against the Respondents also as representatives of Umuduru and Umuohua communities, over a piece of land situate at Uzoagba within the Owerri Judicial Division. By the Suit which was instituted on the 22/11/1976, the Appellants as Plaintiffs claimed the following reliefs:

1. Declaration of title to that piece or parcel of land known as and called "Uhu Anwutama" otherwise known as and called "Uhu Umuagwu."

2. N50,000.00 (fifty thousand naira) being general damages for trespass.

3. Possession of the said land.

4. Perpetual injunction restraining the defendants, their servants and agents from entering the said land again.

Both parties filed and tendered plan…

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