(2018) JELR 38992 (CA)    

Court of Appeal  ·  CA/B/182/2008 ·  1 Feb 2018 ·  Nigeria
UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
exhibit p
preliminary objection
16th november
exhibit m
jonathan elema
suit no. b
edo state
evidence act
oral evidence
learned trial court judge
order of the court
due obeisance
learned trial judge
suit nos
behest of the parties
briefs of argument
cause of action
chief c. c. o. edor
chief felix owen elema
circumstances of the case
closure of evidence
common law doctrine of nemodat quod
content of exhibit p.
correctness of the decision of the high court
deconsolidation of the suit
disproof of the case
elema quarters
exhibits q
facts of the case
fons et origo of all laws
furnace of cross-examination
ground notice of appeal
infringement of rights
leading judgment
light of this brief legal survey
mr. abraham adebayo giwa
parties put
possession of the land
proof of his case
provision of section
reason of sameness
rival claims
suit no b
trial court

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal probes into the correctness of the decision of the High Court of Edo State, holden at Benin City (hereinafter addressed as "the lower Court"), coram judice. A. N. Erhabor, J., in consolidated Suit Nos. B/124/1994 and B/430/1999, delivered on 6th August, 2007. Before the lower Court, the appellant and the respondent were the respective plaintiff and defendant in Suit No. B/124/1994 and the defendant and plaintiff in Suit No B/430/1999.

The facts of the case, which transformed into the appeal, are submissive to brevity and easy appreciation. The appellant claimed that he purchased the land in dispute, No. 8 Gapiona Avenue, behind the Government Reservation Area, Elema Quarters, Benin City, Edo State, in 1984 from one Chief C. C. O. Edor who bought it from Mr. Abraham Adebayo Giwa - Amu who, in turn, got same from its original owner, late Chief Felix Owen Elema who acquired it from Oba of Benin. The appellant to…

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