EDEGWARE
V.
EDEFA & ANOR

(2018) JELR 38871 (CA)

Court of Appeal · CA/B/119/2009 · 25 May 2018 · Nigeria

CORAM

PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

1st respondent

trial court

1st defendant

plaintiff

land

counsel

exhibit d

issues

learned trial judge

loan transaction

learned counsel

record of appeal

totality of the evidence

2nd respondent

2nd defendant

documentary evidence

possession of the disputed land

said land

sale transaction

suit no. uhg

alternative issue

certificate of statutory right of occupancy

delta state

exhibit

favour of the 1st respondent

said property

trial judge

addresses of counsel

building plans exhibits c

court of law

determination of this case

exhibit a. plaintiff

following reliefs

furtherance of the loan transaction

high court of delta state

jurisdiction of this honourable court

leading judgment

legal rights

lower court

monetary transaction

n10m

oral evidence

order of court of competent jurisdiction

outright alienation of the plaintiffs

plaintiffs land

respect of the landed property of the plaintiff

said landed property

statement of claim

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The 1st respondent was the plaintiff in Suit No. UHG/5/2006 instituted in the High Court of Delta State, holden at Ughelli, where in her amended statement of claim she sought, against the appellant and the 2nd respondent, the following reliefs:

1. A Declaration that the monetary transaction entered into between the plaintiff and the 1st defendant at Ughelli, a place within the jurisdiction of this honourable Court, on or about the 17th day of November, 2004, is a loan transaction and not the outright alienation of the plaintiffs landed property lying, situate and being at UKRUDE BUSH (LAND), behind the defunct S.D.P. Secretariat, off Ughelli/Patani road, Ughelli, Delta State, and which said landed property is well known to the parties to this suit.

2. A Declaration that the plaintiff is the person entitled to be issued with a certificate of statutory right of occupancy in respect of the landed property of the plaint…

EDEGWARE V. EDEFA & ANOR

EDEGWARE
V.
EDEFA & ANOR