(2011) JELR 46095 (CA)    

Court of Appeal  ·  CA/PH/441/07 ·  18 Apr 2011 ·  Nigeria
Other Citations
Atuchukwu v. Adindu (2012) 6 NWLR (Pt. 1297) 534
ABUBAKAR JEGA ABDULKADIR Justice of The Court of Appeal of Nigeria HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
egbelu umuatako
ogbonna ogbonna
statement of claim
trial court
supreme court
lower court
parcel of land
trial judge
particulars of error
grant of statutory right of occupancy
case file
central issue
chief s. o. awoyoolu v
d5 see page
determination of the real question
end of the trial
exhibit d5
findings of forgery of appellant
findings of the lower court
following orders
judgment of the high court of abia state
jurisdiction of this honourable court
leading judgment
legal effect
order of court
paragraph statement of defence
point of the signature
purported power of attorney
refusal of the equitable defence of laches
respect of the first ground of objection
said land
similar considerations of law
survey plan counter
title documents
undisputed egbelu umuatako land
view of the facts

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Abia State sitting at Osisioma Ngwa Judicial Division delivered by Hon. Justice E. N. Ejelonu J. on 17th February, 2006. The facts that led to this appeal are as follows:

By Writ of Summons filed on 14/4/2004 and Amended Statement of Claim filed on 28/2/2005, the Respondent as Plaintiff in the Lower Court claimed at Page 81 of the record as follows:

"a) Declaration that the Plaintiff is entitled to a grant of statutory Right of Occupancy over a piece or parcel of land known as and called Egbelu Umuatako (4 plots) lying at Egbelu Umuatako in Osisioma Ngwa Local Govt. within the jurisdiction of this Honourable Court.

b) Ten Million Naira damages against the Defendant for trespass;

c) An Order of Court setting aside any purported Power of Attorney granted to the Defendant by any member of Umuatako family or any other person.

Perpetual Injunction restraining th…

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