(2002) JELR 44430 (CA)    

Court of Appeal  ·  CA/PH/185/89 ·  11 Jul 2002 ·  Nigeria
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHEAL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
boundaries men
learned trial judge
2nd plaintiff
aboyi john ikongbeh
boundary dispute
boundary witnesses
chief boniface oloko of umukene
chief k. k. ogba
communal land
defendant call
d.w.5 nwanadi agugua of etioha
evidence of dw1
evidence of the parties
existence of a juju shrine
full acts of ownership
hearing of the appeal
imo high court
imo state agricultural development authority
james ogenyi ogebe
leading judgment
learned judge
micheal eyaruoma akpiroroh
overwhelming evidence of facts
own boundary
palm trees
particular tenant
part of the land
plaintiffs claim
plan of the plaintiff exhibit
possession of the land dispute
said arbitration
second issue
spite of the unassailable evidence
vast area of land

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal by the plaintiffs, representing two families. They had sued the defendants in the Imo High Court, sitting at Oguta, claiming a declaration of title to land, damages for trespass and injunction. Their case was the land in dispute had been deforested by the ancestor of the two families. After the deforestation the founders started exercising full acts of ownership and possession, like farming thereon and letting parts of it to rent-paying tenants. One of their tenants was the Imo State Agricultural Development Authority (or Corporation), i.e. A.D.A or A.D.C. This particular tenant did not keep to the terms of the grant to it, so the plaintiffs threw it out. It was soon after this that sometimes in 1984 the 1st defendant trespassed into the land. The 2nd plaintiff testified as Pw1. The plaintiff called four other witnesses.

The defendants' case was that the land in dispute was communal land. It had been defo…

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