(2008) JELR 49551 (SC)    
Supreme Court  ·  SC.257/2002 ·  8 Feb 2008 ·  Nigeria
Other Citations
Anukam v. Anukam (2008) NWLR (Pt.1081) 455 (2008) 1-2 S.C. 34 (2008) 1-2 S.C. 34
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
Core Terms Beta
evidence act
statement of claim
trial court
anukam aneme
favour of the respondent
lower court
ground of law
grounds of appeal
learned trial judge
learned justices of the court of appeal
provisions of section
brief of argument
favour of the plaintiff
root of his title
statutory certificate of occupancy of the land
circumstances of this case
john anukam
laws of the federation of nigeria
learned trial judge of reliefs
burden of proof of the root
decision of the trial court
following reliefs
judgment of the court
support of the reliefs
third issue
assumptions of facts
close of evidence
established fact
ground of fact
judgment of the court of appeal
leading judgment
owerri judicial division of the high court of imo state
presence of other children of the respondent
respect of the area
root of title of his grantor aneme anukan
said land
view of the above consideration

TABAI, J.S.C (Delivering the Leading Judgment): This suit was filed at the Owerri Judicial Division of the High Court of Imo State by the plaintiff who is the respondent therein. The defendant therein is the appellant before us. The suit was filed on the 21/10/92. The following reliefs were claimed:-

"(a) Declaration that the plaintiff is entitled to a statutory certificate of occupancy of the land verged GREEN in the plaintiff's plan no. GIK/IMO/89/92 filed together with the statement of claim.

(b) N20,000 damages for trespass.

(c) Perpetual injunction restraining the defendant, his agents or servants from further interfering howsoever with the plaintiff's rights and interests in the land for which the declaration in (a) above is sought.

Pleadings were filed and exchanged. The statement of claim was filed along with the writ of summons on the 21/10/92. The appellant's amended statement of defence was filed on the 9/1/97.

At the trial, both parties testified and called witnesses. A…

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