(2018) JELR 46194 (CA)    

Court of Appeal  ·  CA/OW/422/2014 ·  20 Feb 2018 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
respondents ancestor
root of title
said land
traditional history
ownership of the land
statement of claim
isi nkwu
possession of the land
records of appeal
acts of possession
parcel of land
appellants counsel
lower court
aboh ochie
isi nkwu land
respondents claim of ownership of the land
above admission
addresses of counsel
admission of the respondents
admitted grant
aforesaid paragraph
anor vs jackson
brief of arguments
burden of proof
customary inheritance
decision appellants
deposition of cw1
evidence of the root of title
finding of fact
following awards
judgment of imo state high court
light of the pleadings
member of their family
obasi vs onwuka
owner of isi-nkwu land
particulars of the intervening owners of the said land
portion of the land
positive acts
said grant of a portion of the land
said respondents ancestor
settled principle of law
strength of their case
waec vs anyanwu

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellants filed this appeal against the judgment of Imo State High Court in Suit No. HOU/120/95, delivered on 24/6/2014 by Hon. Justice K.A. Ojiako, who held for the Claimants, that they had proved their ownership of the land in dispute, and made declarations for the Claimants (now Respondents).

At the Lower Court, by further amended statement of claim filed on 27/10/2006, Respondents had claimed as follows:

(a) A declaration that the Plaintiffs are entitled to the Statutory Right of Occupancy of that piece or parcel of land known as and called ISI NKWU situate and lying at Umuokanum, Ugbele, Mgbidi within this jurisdiction. Annual value of N20.00

(b) N300,000.00 general damages for trespass into the land in or around March 1993, the Defendants jointly and severally destroying thousands of economic trees, including oil bean, Icheku, Ube, Young Palm trees Bread Fruit and Indian Bamboo trees on the land.

(c) Perpetual injunction r…

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