(2018) JELR 38871 (CA)    

Court of Appeal  ·  CA/B/119/2009 ·  25 May 2018 ·  Nigeria
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
1st respondent
trial court
1st defendant
exhibit d
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
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
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…

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