(2000) JELR 44192 (CA)    

Court of Appeal  ·  CA/PH/125/99 ·  13 Apr 2000 ·  Nigeria
Other Citations
Eke v. Eluwa (2000) 14 NWLR (Pt.688)560
IGNATIUS CHUKWUDI PATS-ACHOLONU 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 respondent
exhibit c
deed of conveyance
learned trial judge
lower court
exhibit e
prescribed fees
statutory certificate of occupancy
2nd defendant
j. c. a.
parcel of land
piece of land
exhibit a.
land subject-matter of this suit
mere irregularity
ministry of lands
payment of fees
set aside
valid title
certificate of occupancy exhibit e
counter claim
court fees
decision of the learned trial judge
document of grant
exhibits d
exhibits f
grant of certificate of occupancy
high court
issue of double allocation of plot
late father
leading judgment
legal title
part of the land
presence of a third party
register of deeds owerri
respect of plot
said plot
second issue
statutory certificate of occupancy no.16 of page
statutory certificate of occupancy of the property
title deeds of the parties
urban development

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of the learned trial Judge in the court below in an action in which the plaintiff now appellant claimed as follows:-

(a) A declaration that the plaintiff is entitled to a statutory certificate of occupancy of the property.

(b) N100,000.00 general damages for trespass.

(c) Perpetual injunction restraining the defendants, their servants agents or privies from interfering with the plaintiff's rights and interest howsoever in the property".

The 2nd defendant now respondent filed a statement of defence and counter-claim and claimed as follows:

(a) The deed of conveyance dated 19th November, 1974 and registered as No. 94 at page 94 in volume 756 of the Register of deeds Owerri and purported to have been executed by Oluigbo Nlemadim Nkenze of Orji in favour of the plaintiff is void.

(b) The statutory certificate of occupancy No.16 of page 16 in volume 230 of the register of deeds in respect of Plot 433…

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