BOMS
V.
WECHIE

(2018) JELR 39068 (CA)    

Court of Appeal  ·  CA/PH/637/2008 ·  25 Apr 2018 ·  Nigeria
CORAM
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
land
learned trial judge
paragraph
respondent
counter-claim
exhibit a
statement of defence
traditional history
acts of possession
dw2
rumuenyika family
learned counsel
aka lane
amended statement of claim
lower court
late florence aka
trial court
appellants case
dismissal of the appellants case
lead evidence
plaintiffs mother
proper use of the said exhibit
said building
aka family
clear view
counter claim
counter-claimant
counter claim of the defendant
defendant claims
d-f
exhibit a. see
judgment of the high court of rivers state
knowledge of the late mother of the claimant
late brother
late robinson
lawful owner of the building
leading judgment
male issues
mother of the claimant
name tasie aka
original plaintiff
property of the descendants of late florence aka
signatures of the purported vendors
statement of facts
subsequent amended statement of claim
suit no. phc
wherefore plaintiff claims
whole has merit

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal is borne out of the judgment of the High Court of Rivers State (hereinafter to be known as lower/trial Court), per Hon. Justice Obie Daniel-Kalio, J. (as he then was) in suit No. PHC/547/99 delivered 22nd April, 2008. The original plaintiff at the lower Court was Mrs. Mercy Augustine Wechie who upon her death was substituted by her daughter (Miss Nkesi Augustine Wechie) and who before us is the respondent. The appellant herein was the defendant/counter-claimant.

STATEMENT OF FACTS

By the writ of summons issued 24th March, 1999 and the subsequent amended statement of claim, the plaintiff (respondent) had sought the following reliefs against the defendant (appellant):

28. WHEREFORE Plaintiff claims against Defendant as follows:

a) A Declaration that Plaintiffs mother is the lawful owner of the Building and premises situate at No. 6 Aka Lane, Mile 111 Diobu, Port Harcourt and vested with the Statutory Right of O…

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