(2022) JELR 109143 (CA)    
Court of Appeal  ·  CA/C/336/2016 ·  14 Jan 2022 ·  Nigeria
James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA Ademola Samuel Bola, JCA
Core Terms Beta
declaratory relief
credible evidence
declaratory reliefs
grounds of appeal
statutory right of occupancy
declaration of statutory right of occupancy
wattle house
8th august
amended statement of claim
appellant’s father
claim of the appellant
consent of the appellant
father of the appellant
james shehu abiriyi
late john ebong akpan
lead judgment
preponderance of evidence
said land
actual lessee of the land
addresses of their counsel
ademola samuel bola
appellant’s land
appellant’s title
case of the appellant
circumstances of this case
claimant’s pleadings
death of the appellant
defence of the respondent
disputed land
evidence of cw1
grant of the declaratory reliefs
high court
high court of cross river state
initial notice of appeal
inspite of the uncontroverted pleading
land agreement
late john ebong akpan money
law claim
leading judgment
leave of this court
lower court
oral evidence
respondent notice
respondent’s restructuring
trial court

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 30th September, 2014 in the High Court of Cross River State in the Calabar Judicial Division sitting in Calabar. In the High Court (the Court below), the Appellant was the claimant. The Respondent was the Defendant.

The claim of the Appellant against the Respondent as contained in the Amended Statement of Claim was for the following:

(a) A declaration that the Appellant is entitled to a statutory right of occupancy over the property in dispute.

(b) A declaration that the Respondent’s restructuring of the already existing structure on the Appellant’s land without the consent of the Appellant constitutes trespass on the said land.

(c) And (d) Orders for perpetual and mandatory injunctions.

(d) The sum of six million Naira general damages for trespass to the disputed land.

​The parties were cousins. The Respondent lived for several years with the Appellant’s father. After the death o…

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