CHINDA
V.
OWHONDA & ORS

(2022) JELR 109183 (CA)

Court of Appeal · CA/PH/624/2016 · 19 Jan 2022 · Nigeria

CORAM

Haruna Simon Tsammani, JCA Tani Yusuf Hassan, JCA Olabode Abimbola Adegbehingbe, JCA

Core Terms ^Beta

appellant

lower court

respondents

defendant

counter-claim

issues

record of appeal

amended statement of claim

facts

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…

CHINDA V. OWHONDA & ORS

CHINDA
V.
OWHONDA & ORS