(2000) JELR 44209 (CA)    

Court of Appeal  ·  CA/PH/156/94 ·  27 Jan 2000 ·  Nigeria
Other Citations
Ejem v. Ofia (2000) 7 NWLR (Pt.666)662
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd defendant
learned trial judge
representative capacity
evidence of pw1
okpani agwu
exhibit b
exhibits f-f27
leper settlements
omaka okocha
eastern nigeria development corporation
chief emole
exhibits f
following issues
lead judgment
oso edda communities
services of the 2nd defendant
traditional history of the land
behalf of the people of etiti edda
chief emok ururuka
common interest of undivided shares
defendants of any compensation
dispute conflict
end of the trial
evaluation evidence
evidence of the plaintiffs
findings of facts
fresh grants
leading judgment
order of court
parcel of land
piece of land
plaintiffs land
portions of their land
relation of the 2nd defendant
said awalu ochie
said okpanu agwu
such material conflicts
supporting evidence

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State holden in Afikpo Judicial Division delivered by Anyanwu J. on the 30th day of July, 1991 in suit No. HAF/3/77.

The appellants herein, acting for themselves and on behalf of the people of Etiti Edda and Oso Edda communities took out a writ or summons against the respondents herein and claimed as follows:-

(1) Declaration of title to the piece and parcel of land called Nchara Edda situate in Edda within jurisdiction. The annual value is less than N10.00.

(2) N50,000.00 being general damages for trespass to plaintiffs' land.

(3) Perpetual Injunction restraining the defendants, their agents and servants from further interference with the plaintiffs land.

(4) In the alternative all Order of Court that the ADC be ordered to enter into an agreement of the lease with the plaintiffs and the payment to the plaintiffs by the defendants of any compensation paid by the A.D.C…

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