(2006) JELR 39970 (CA)    

Court of Appeal  ·  CA/PH/366/2001 ·  29 Jun 2006 ·  Nigeria
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria MONICA BOLNA'N DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
ohia oboi
respect of the land
eli wopara
traditional history
appeal show
children of eledo
determination of the appeal
different story
father of oduwobiri
father of the plaintiff
grand children
great ancestor
great grandchildren
high court of rivers state of nigeria
individual names
instant appeal
inter alia
judgment of the court
later part of the historical rendering of the defendant
leading judgment
learned judge
lower court
monica bolna
nkanu mu v. adgiun
ohia aboyi wopara
order of court
port harcourt
port harcourt judicial division
possession of the land
r. j. omogin
solitary issue
submission of the appellant
supreme court
time of late ogoria
totality of the pleadings
traditional history of the appellant
trial chief judge of river state
victor aimepomo oyeleye omage
witnesses of both parties

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): In the High Court of Rivers State of Nigeria, in the Port Harcourt Judicial Division holden in Port Harcourt in Suit No. PHC/227187 the plaintiff claimed against the defendant

(i) A declaration that the plaintiffs are entitled to the right of occupancy over and in respect of the land known as and called "Eli Wopara" on Ohia Aboyi Wopara situate at Eledo; more particularly shown on plan No.LSAR 07/88,

(ii) N10,000 damages for trespass,

(iii) A perpetual injunction restraining the defendants, their servants/agents from howsoever committing further acts of trespass to the land in dispute."

The defendant deny the plaintiff's claim and the matter went for trial before Ichoku, J., the trial Chief Judge of River State, who delivered judgment in the suit on 10th July, 2001.

In the judgment, the trial Chief Judge held that the two parties, the plaintiff and the defendant found their respective claim and defenses on tradit…

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