DIBIA
V.
TUBONIMI

(2009) JELR 51069 (CA)    

Court of Appeal  ·  CA/PH/269/2001 ·  10 Dec 2009 ·  Nigeria
Core Terms Beta
appellants
respondents
learned trial judge
evidence
survey plan
issues
trial court
learned counsel
trial
issue no.
light of the foregoing
traditional evidence
appellants’ case
burrow pit
exclusion of exhibit
grounds of appeal
lead judgment
possession of the land
said plan
trial judge
appellants’ brief
appellants’ traditional evidence
inter alia
respective counsel
said conflict
3rd respondents
ahoada high court
appellants’ abandoned ground
considered view
contention of the learned counsel
customary law
customary right of occupancy
cutting of the saga tree basedon
evidence of the receipt
evidence of traditional history of the respondents
extent of the land
farm land
further acts of trespass
issue incompetent
names of other families
original appellants
port harcourt high court
present parties
proof of their case
recent acts of ownership
respondents’brief
said judgment
suit no. ahc
tender appellants’ survey plan
view of the learned counsel

GALADIMA JCA (Delivering the Lead Judgment): The respondentsas plaintiffs instituted an action in suit No. AHC/33/79 on 29 October 1979, against the appellants as defendants at the Ahoada High Court (which case was later transferred to the Port Harcourt High Court). They claimed that they were entitled to the customary right of occupancy and possessory title to the farm land known as and called “Ade-IkoboAdoghanyomalem” under customary law. The land is said to be lyingand situate at Amalem village of Abua Odua District of Ahoada Local Government Area of Rivers State; N10,000.00 (ten thousand naira) beinggeneral damages for trespass in and over the land and perpetual injunction restraining the appellants from committingany further acts of trespass in and over the land. A Pleadings were ordered, filed and exchanged. Hearing of the case commenced on 26 September 1990. The respondents led evidence at the trial through the 3rd respondents and called 3 witnesses to testify as PW2, PW3 and…

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