(2022) JELR 109183 (CA)    
Court of Appeal  ·  CA/PH/624/2016 ·  19 Jan 2022 ·  Nigeria
Haruna Simon Tsammani, JCA Tani Yusuf Hassan, JCA Olabode Abimbola Adegbehingbe, JCA
Core Terms Beta
lower court
record of appeal
amended statement of claim
statement of claim
statement of defence
trial court
fourth issue
second issue
appellant’s counsel
chinda wokea
port harcourt
appellant’s brief
parcel of land
preponderance of evidence
right of occupancy
uncontroverted evidence of the appellant
additional record of appeal
collateral issue
consent of the defendant
decision of the lower court
issue of limitation of action
leave of court
strength of his own case
war zone
aside findings of fact
attitude of the supreme court
counter-claim of the appellant
court’s grant
defendant’s mpoku land
father of the current appellant
first issue
following issues
holding of the lower court
last amended statement of claim
leading judgment
learned trial judge
lower court’s reliance
oil rivers protectorate
order of perpetual injunction
ownership of the land
rights of the claimants
said nkpokwum
time frame

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment): The suit before the lower Court concerned a parcel of land in a place called Ogbunabali by the respondents. The land in dispute, according to the respondents, is owned by the community and that the appellant trespassed on it and claims ownership of the land. The appellant, on his part, claimed to have inherited the land in dispute from his father, as the land was “disvirgined” by his grandfather.

​The respondents, as claimants, for themselves and on behalf of the members of the Ogbunabali Community, Port Harcourt, filed a suit against the father of the current appellant before the Port Harcourt Division of the High Court of Rivers State, on 12/04/2001 (see page 1 of the record of appeal). The respondents filed a statement of claim on 24/10/2001. With leave of Court, twice sought and twice obtained, the respondents filed an ultimate amended statement of claim, on 17/05/2016, based on which, their case was determine…

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