EZEAKU
V.
ANACHUNA & ORS

(2016) JELR 45863 (CA)

Court of Appeal · CA/E/79/2012 · 1 Jul 2016 · Nigeria

CORAM

HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

plaintiff

appellant

defendants

learned trial judge

john nwangwu

obeagu land

statement of defence

late nweke orjiakor

acts of trespass

adjacent land

amended statement of claim

isiekwulu village ukpo

late sons of late nweke orjiakor

okpala anakor family

disputed land

weight of evidence

children of the late nweke orjiakor

grant of a statutory right of occupancy

judgment of the high court of anambra state

jurisdiction of this honourable court

local government area

traditional history of her grantors

abundant evidence of title

amended pleading dates

ashiru v. olukoya

case lies

considered judgment

customary grant of their obeagu land

defendants portion of obeagu land

entire land of the plaintiff

evidence of pw7

following reliefs

grant of customary right of occupancy

leading judgment

mere mentioning of john nwangwu

own title

possession of the portion of obeagu land

record of proceedings

spite of unchallenged evidence of the plaintiff

true owners of the said land

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State sitting in Awka Judicial Division delivered in suit No. A/128/2002 on 12th December, 2011. The appellant as the plaintiff claimed the following reliefs against the respondents as the defendants:

"(a) N500, 000 damages for trespass.

(b) An order of perpetual injunction restraining the defendants, their servants and agents from entering the plaintiff's Obeagu land (farming and planting economic crops inclusive) or remaining on the plaintiff's Obeagu land verged pink in the Plan No. EZ/AN/D01/2003 or doing anything thereon or from in any manner continuing in their acts of trespass in the same portion verged pink or doing anything whatsoever in the entire land of the plaintiff verged blue in survey Plan No. EZ/AN/D01/2003.

(c) A declaration that the plaintiff is entitled to a grant of a statutory right of occupancy over Obeagu land situate at Isi…

EZEAKU V. ANACHUNA & ORS

EZEAKU
V.
ANACHUNA & ORS