(2016) JELR 45863 (CA)    

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

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