ASABORO & ORS
V.
ERHUE & ORS

(2018) JELR 38851 (CA)    

Court of Appeal  ·  CA/B/129/2015 ·  22 Jun 2018 ·  Nigeria
CORAM
SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd defendant
appellants
1st 4th respondents
parties
adogbeji akpojiyovwi
abovwe family
bosha ighoyivwi
chief thomas osidje
court
trial court
statement of claim
2nd appellant
acres of land
senior counsel
executive committee
5th respondent
defendants
3rd defendant
principal members of the abovwe family
supreme court
tenure of chief thomas osidje
trial court ought
learned counsel
1st set of respondents claim
honourable trial court
pa ighoyivwi uviena
plaintiffs family
plaintiffs family land
principal members of abovwe family
purported sale of the land
said land
suit no. uhc
1st 4th defendants
absence of chief thomas osidje
absence of necessary parties
authority of plaintiffs family
authority of the head
behalf of the contending parties
case of baliol nigeria ltd. v
claims of the 1st 4th respondents
family documents
favour of the 1st 4th respondents
following functions
grant of the 1st 4th respondents reliefs
high court of delta state
leading judgment
members of abovwe family of otovwodo-ughelli
said suit
trespass of the defendants

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellants and the 5th respondent in this Court were the defendants in Suit No. UHC/116/2006 instituted by the 1st 4th respondents in the High Court of Delta State, Ughelli Judicial Division, holden at Ughelli. In the said suit, the 1st 4th respondents, as plaintiffs, claimed in paragraph 37 of their further amended statement of claim as follows:

(a) A declaration that the 1st 4th defendants not being members of Abovwe Family of Otovwodo-Ughelli have trespassed on plaintiffs family land lying and situate along Agbara-Ughelli road known as Akpuvunagha Bush by digging trenches on it preparatory to digging a burrow pit.

(b) An order of perpetual injunction restraining the defendants by themselves, their servants, agents and/or privies from further interfering with the plaintiffs family right over the said land described in relief 1 above, further trespassing on same and/or meddling in any way whatsoever inimical to…

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