BIKO & ANOR
V.
AMAECHI & ORS

(2018) JELR 38704 (CA)    

Court of Appeal  ·  CA/OW/141/2014 ·  25 Jul 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
claimants
appellants
2nd set of respondents
1st set of respondents
appeal
instant appeal
1st set of defendants
lower court
learned trial judge
trial judge
3rd defendants
evidence of traditional history
5th defendants
considered view
counter claim
parcel of land
traditional evidence
instant case
case of the 1st set of respondents
cross-examination
counter claimants
exhibit j of the 1st set of defendants
3rd defendant
learned san
said piece
2nd set of the defendants
appeal appeal no. ca
area of land
claimant relations
claims of the 1st set of respondents
exhibit c.
first issue
high court of abia state
immutable position of the law
incidents of a separate suit
jurisdiction of the court
jurisdiction of this court
leading judgment
light of evidence
matters of evidence
occupation of the claimant
procedural grounds
respective briefs of argument
respect of the land
said principle
statement of claim
survey plan no. ld
various issues

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 23/9/2013 by the High Court of Abia State, holden at the Umuahia Judicial Division presided over by Hon. Justice K.O. Wosu (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The instant case was instituted by the claimants (now described as 1st Set of Respondents in the instant appeal) for themselves and in a representative capacity against the 1st 3rd Defendants (now described as the 2nd Set of Respondents in the instant appeal) for themselves and in a representative capacity; and the 4th and 5th Defendants (now described as the Appellants in the instant appeal) for themselves and in a representative capacity. The claims of the 1st Set of Respondents against the 2nd Set of Respondents and Appellants, jointly and as contained in the writ of summons by which the action was commenced and the statement of claim dated 24/2/2011…

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