(2016) JELR 46306 (CA)    

Court of Appeal  ·  CA/E/199/2012 ·  30 Nov 2016 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior counsel
2nd appellant
learned trial judge
1st appellant
trial court
lower court
writ of summons
1st defendant
2nd defendant
respondents counsel
written address
additional evidence
oath of the respondent
said land
cross examination
fresh issues
late ozomma obiesie erokwu
new issues
order of court
order of perpetual injunction
supreme court
construction work
counsels chambers
favour of the respondent
notary public
parcel of land
written statement
3rd party
admission of such further evidence
chambers of counsel
evidence exhibit er
following issues
following reliefs
formal sworn statement of fact
legal title
office of counsel
pages of applicants nigerian international passport
part of his evidence
proof of the respondents case
record of appeal
record shows
statement of claim
statement of defence
subject matter of the suit

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice Peter C. Obiorah of the Anambra State High Court delivered on 23/4/12.

The facts that led to this appeal are as follows:-

The subject matter of the suit at the trial Court is a parcel of land situate at and known as No. 36, Isiokwe Road, Onitsha. The 1st Appellant (1st Defendant) and the Respondent (plaintiff) are brothers and the land in dispute is part of the estate of their father, Late Ozomma Obiesie Erokwu.

The land in dispute was sold to the 2nd Appellant by the 1st Appellant and the 2nd Appellant began erecting his house on the said land. The Respondent got wind of the development of the said land in dispute and consequently instituted an action in Court claiming the following reliefs:-

1. A declaration that 36, Isioke Road, Onitsha is part and parcel of the Estate of Late Ozomma Obiesie Erokwu.

2. A declaration that the estate of Late Ozomma Obiesie Erokwu has…

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