(2003) JELR 49534 (CA)    

Court of Appeal  ·  CA/E/112/92 ·  15 Jan 2003 ·  Nigeria
Other Citations
Ezinwa v. Agu [2004] 3 NWLR (Pt.861)431
Ezinwa v. Agu (2004) 3 NWLR (Pt. 861) 431
IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
senior counsel
high court of justice enugu
traditional evidence
parcel of land
trial court
further acts of trespass
declaration of title
plaintiffs claim
acts of ownership
cases of m.a. enigbokan v
statement of claim
declaration of a customary right of occupancy
evidence of p.w.4
statement of defence point
transcript record of appeal
settlement of the dispute
entire burden of proof
chief okpokam
learned judge
leading judgment
completion of evidence
close of the appellants
lower court
old anambra state of nigeria
findings of the trial court
abandonment of the amended statement of defence
said onus
appellants ownership
such exercise
possession of the land
case of idesoh v
evidence of plaintiffs
issue of customary arbitration
evidence of traditional history
credible evidence
evidence of acts of possession
part of the land
proof of their root of title
trial judge
support of the above pleading
regard acts of ownership
grounds of appeal

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Okadigbo, J., delivered at the High Court of Justice Enugu, then in the old Anambra State of Nigeria on 29th March, 1988. The learned trial Judge dismissed the plaintiffs' claim. They felt dissatisfied and have, ex debito justitiae, appealed against the judgment to this court.

The plaintiffs' claim before the trial court can be seen in paragraph 23 of their statement of claim which reads as follows:

"23. Wherefore, the plaintiffs claim against the defendants jointly and severally as follows:

(a) Declaration of a customary right of occupancy to the piece or parcel of land known as and called 'Aniokpa Ajaezi Umuokpalla' situate at Agballenyi Nachi and more particularly delineated in survey plan No. EP/AN/2132 LD and verged blue filed with this statement of claim.

(b) N28,000.00 damages being:

(i) N8,000.00 special damages for the destroyed building.

(ii) N20,000.00 general damages.


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