DIMKPA
V.
CHIOMA

(2009) JELR 57840 (CA)    

Court of Appeal  ·  CA/PH/420/2006 ·  10 Dec 2009 ·  Nigeria
 · 
Other Citations
Dimkpa v. Chioma (2010) 9 NWLR (Pt. 1200) 482
CORAM
SULEIMAN GALADIMA JCA (Presided) TIJJANI ABDULLAHI JCA KUDIRAT M. O. KEKERE-EKUN JCA (Read the Lead Judgment)
Core Terms Beta
appellants
respondents
learned trial judge
exhibit p11
suit no. ahc
cross-examination
evidence act
omumini family
statement of claim
appellants’ case
possession of the land
traditional history
evidence of pw1
acts of possession
amended statement of defence
case of the appellants
effect of exhibits p3
evidence of the respondents
failure of the learned trial judge
paragraphs c-a
parcel of land
plaintiffs’claims
pw2’s evidence
successive heads of the family
weight of evidence
alleged partition
appellants’claims
balance of the preponderance of evidence
common boundaries
considered judgment
contending parties
documentary evidence of the parties
evidence of other land
exhibits p3
judgment of the high court of rivers state
lead judgment
learned counsel
learned trial judge of the issue
paragraphs a-d.
paragraphs d-e
paragraphs f-g. learned counsel
paragraphs h-b
part of a larger farmland
plaintiffs’ omuosuja family
said document
support of their claims
survey plan no. asnl
theakpabu council of chiefs
various disputes
view of the evidence

KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Rivers State, Port Harcourt Division, delivered on 28 November 2005 in consolidated suits. The court dismissed the plaintiffs’claims in suit No. AHC/42/80: Samuel Dimkpa and Ors v. Agbo Chioma and Ors. and entered judgment in favour of the plaintiffs in suit No. AHC/37/82: Victor Chioma and Ors. v. Agumagu Dimkpa and Ors. The appellants herein instituted suit No. AHC/42/80 before the old Ahoada Judicial Division of the High Court of Rivers State for themselves and as representatives of Omuosujafamily of Omuodu Compound of Akpabu A village. They sought the following reliefs against the respondents for themselves and as representatives of Omuikegafamily of Mbuelu Compound of Akpabu village: A declaration that the plaintiffs are entitled to the customary rights of occupancy to all that piece or parcel of land being part of a larger farmland known and called Agata, belongi…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login