(2018) JELR 38746 (CA)    

Court of Appeal  ·  CA/OW/272/2014 ·  5 Jul 2018 ·  Nigeria
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
grounds of appeal
arbitration panel
exhibit k
issue no.
rem judicatam
appellant fair hearing
decision of the arbitration panel
lower court
respondents suit
uzo umuma land
aba onu obodo land
learned trial judge
trial judge
court of law
leave of court
pieces of land
case of the parties
counsel emma nwosu esq
general assembly
general damages
iyi aba land
judgment of a customary arbitration panel
jurisdiction of this honourable court
none of the parties
order of perpetual injunction
said lands
anor v emmanuel nwaorie ejimadu
appellants brief of argument
awards of iheagu general assembly
decision of abia state high court
declaration of the honourable court
defendants trespass
ekiyor v bomor
following reasons
leading judgment
ors v anibire
respect of the appeal
said decision
suit no. hs
transmission of record of appeal
uzo ogwe ama okpaechi land

TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the defendant to challenge the decision of Abia State High Court in Suit No. HS/23/2011: LOUIS EGWUONWU NWOKO and ANOR V. EMMANUEL NWAORIE EJIMADU delivered on 30/10/2013.

The plaintiffs claimed at the lower Court as follows:

1. A declaration that the claimants are entitled to the right of occupancy over the pieces of land called:-

(a) Uzo Umuma land

(b) Aba Onu Obodo land

(c) Uzo Ogwe Ama Okpaechi land

(d) Iyi Aba land; all lying and situate at Ihieagu Ndudu UTURU in Isuikwuato Local Government Area of Abia State within the jurisdiction of this Honourable Court.

2. An Order of perpetual injunction restraining the defendant either by himself his servants, agents servants (sic), privies or whomsoever from further trespassing into the above named lands.

3. The sum of N1,000,000.00 (One Million Naira) only as special and general damages for the defendants trespass into the abov…

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