(2018) JELR 49518 (CA)    

Court of Appeal  ·  CA/E/303/2014 ·  14 Feb 2018 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
counter claim
instant case
1st plaintiff
main claim
learned trial judge
record of appeal
1st appellant
law firm
preliminary objections
trial court
depositions of pw1
originating process
adoption of final addresses of counsel
amankpo family
amos land
conclusion of hearing
defendants of a sum
family ownership
following manner
fourth issue
interlocutory injunction
issue no.1
issue of oath
issue theirof
land policy
leading judgment
learned trial judge amanoh
mojekwu v. mojekwu
name of jos nnaoda
nwosu v. imo state
oath of family ownership of the plot
onuze family
originating processes of the plaintiff
plaintiffs case
plaintiffs land
plaintiffs statement of claim
possession of the plot
rules of court
rules of joint tenancy
statement of claim
substantive suit
support of the claims
supreme court of nigeria
trial judge

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): What calls for decision in this appeal is whether the Rules of Joint Tenancy and Jus Accrescendi would apply to confer possession of the plot in dispute to the 1st plaintiff (now appellant) on account of being custodian of the undivided Estate. And whether oath taking confer title to the land on the defendants (now respondents).

The plaintiffs had on the 4th day of August, 2011 in the Nsukka Judicial Division of the High Court of Enugu State of Nigeria instituted an action against the Defendants Jointly and severally claiming as follows: -

1. A Declaration that the Defendants have trespassed on the plaintiffs land.

2. An Order compelling the Defendants to vacate the land.

3. An Interlocutory injunction ordering injunction the parties to refrain from the Res until the substantive suit is determined.

4. Payment to the plaintiffs by the Defendants of a sum of Two Million Naira (N2, 000, 000.00) as General Damages.

5. A payment t…

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