EZEKWERE
V.
OKIKE

(2018) JELR 38745 (CA)

Court of Appeal · CA/OW/239/2014 · 5 Jul 2018 · Nigeria

CORAM

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

dispute

appellant

respondent

learned trial judge

law

claimant

issue

grounds of appeal

issue number

statutory right of occupancy

customary court ibiasoegbe

ground number

grounds

purported sale of the land

public auction sale of the land

respondents statement of defence

statement of claim

favour of the appellant

lower court

ibiasoegbe customary court

trial court

late father

notice of appeal

nwlr part

subsequent issuance of exhibit g

traditional history of the land

virtue of an order of attachment

alleged order of attachment

alleged public auction sale of the land

amended notice of appeal

appellants case

attached property

claimants claims

claimants counsel

counsel declan obioma madu esq

decision of imo state high court

immovable property

leading judgment

leave of court

native law

parcel of land

property plan of late john ezekwere

receipt of the reply

respect of the appeal

respondents root of title

said decision

state of defence

statutory certificate of occupancy

subsequent public auction sale of the land

valid title

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the Claimant at the lower Court against the decision of Imo State High Court delivered on 18/3/2014 in Suit No: HOU/39/2010 UCHENNA REGINALD EZEKWERE and ORS v. NZE JAMES CHUKWUEMEKA OKIKE.

The Claimant had instituted on action against the Defendant at the lower Court claiming as per paragraph 42 of their statement of claim as follows:-

WHEREFORE the Claimants claims are as follows:

(a) A declaration that the Claimant is entitled to the statutory right of occupancy over that piece or parcel of land known as and called Uhu Onu-Eke Obana whose dimension or area is described in the property plan of late John Ezekwere dated 26/3/1984, and situate, lying and being at Okwudor in Obi-Mgbidi Autonomous Community in Oru West L.G.A.

(b) N5,000,000.00 (Five Million Naira) general damages for trespass committed on the land by the Defendant.

EZEKWERE V. OKIKE

EZEKWERE
V.
OKIKE