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…

BOMS V. WECHIE

BOMS
V.
WECHIE