(2018) JELR 38745 (CA)    

Court of Appeal  ·  CA/OW/239/2014 ·  5 Jul 2018 ·  Nigeria
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
learned trial judge
grounds of appeal
issue number
statutory right of occupancy
customary court ibiasoegbe
ground number
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.

(c) Perpetual injunction restraining the D…

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