(2011) JELR 46113 (CA)    

Court of Appeal  ·  CA/AE/30/2010 ·  13 Jul 2011 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA M. TSAMMANI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
block r
learned trial judge
plot 7a
olora layout
lower court
purchase receipt
material witnesses
plot of land
said plaintiff
amended statement of claim
amended statement of defence
appellate court
building plan
identity of the subject matter
above findings
civil cases
lead evidence
cases of madumma v. jambo
close of evidence
considered judgment
first issue
heavy burden of proof
injunctive relief
jack v. whyte
judgment of the ekiti state high court
leading judgment
nigerian maritime services v. onisesin
n.w.l.r. p.857
okene v. orianwo
order of this honourable court
physical evidence
piece of land
plaintiff claims
plaintiff fails
such relief
survey of the land
tenants of the said plaintiff
trial judge
view of the failure of the respondent

HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ekiti State High Court, sitting at Ado-Ekiti in Suit No: HAD/54/2003 delivered on the 3rd day of December, 2007. The Appellant herein was defendant at the lower court in a suit filed against him by the Respondent (as plaintiff) in which the Respondent sought for a declaration and an injunctive relief pertaining to some buildings on a piece of land situate, lying and being at plot 7A, Block R, Olora Layout, along Opopogboro, Ado-Ekiti.

The Respondent's case at the trial court is that, she bought a plot of land from the Appellant sometimes in 1977 at a price of Three Hundred Naira (N300:00) wherein a purchase receipt was issued to her by the Appellant. That she then carried out a survey of the land and later obtained a building plan in 1982 and that after she obtained the building approval, she erected a bungalow of 2 flats of 4 bedrooms each, one of which she let out to tenants, …

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