(2018) JELR 39014 (CA)    

Court of Appeal  ·  CA/B/232/2005 ·  1 Feb 2018 ·  Nigeria
UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
correctness of the decision of the high court
first respondent
lower court
learned trial judge
facts of the case
suit no. w
injunction of the law
rival claims
juristic entity
process of court
juristic person
issue of jurisdiction
briefs of argument
leading judgment
peter esiri
counter claim of the respondents
human beings
proof of their case
deed of grant
exhibits a-c2
delta state
closure of evidence
natural persons
order of court
life time
purported gift of the subject matter of this case
order of forfeiture
full-scale determination of the action
competence of the entire suit
considered judgment
late peter esiri
uzo ifeyinwa ndukwe-anyanwu
legal commandment
legal personality
due fidelity
ground notice of appeal
juristic personality
mohammed v
caustic effect of the first respondent
ancient doctrine of stare decisis
disproof of the case
contemplation of the law
counter-claim of the respondents
judgment of the lower court
statutory right of occupancy

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal pries into the correctness of the decision of the High Court of Delta State, holden at Warri (hereinafter addressed as "the lower Court"), coram judice: P. O. Onajite-Kuejubola, J., in Suit No. W/44/2002, delivered on 25th August, 2004. Before the lower Court, the appellants and the respondents were the plaintiffs and the defendants respectively.

The facts of the case, which transformed into the appeal, are submissive to brevity and easy appreciation. One Peter Esiri, the owner of No. 31 Eboh Road, with an uncompleted two-storey building thereon, died intestate on 3rd October, 1998. The property is covered by certificate of occupancy No. BDSR 1892 issued to the deceased on 1st October, 1982. On his demise, members of his family appointed the appellants as customary administrators of his estate. The appellants alleged that the deceased, during his life time, allowed the first respondent to stay on the premises…

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