HAAV
V.
KUNDU

(1997) JELR 45509 (SC)    

Supreme Court  ·  SC.306/1990 ·  30 May 1997 ·  Nigeria
 · 
Other Citations
Haav v. Kundu (1997) 5 NWLR (Pt.505)
Haav v. Kundu (1997) 5 NWLR (Pt. 505) 313
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
evidence
case
respondent
plaintiff
court
court of appeal
trial area court
trial court
high court
brother
fact
appellate high court
law
appellate court
high court of benue state
leading judgment
portion of the land
a. i. iguh
appellate jurisdiction
area court of the locality
benue state
best advantage of sifting
brother gbuusu
case of the respondent
clear evidence
customary grant of a piece of land
decision of the appellate high court
decision of the trial court
entire decision of the trial court
e. o. ogwuegbu
good conscience
i. l. kutigi
inter alia
judgment of the area court
late brother
late father
lower court
military governor
rebuttal of this plaintiff
remarkable judgment
right of occupancy of the land
rule of customary law
said land
s. m. a. belgore
s. u. onu
thorough review of the evidence

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The respondent was the plaintiff at the trial Area Court, Gboko, Benue State. The claim was for a right of occupancy of the land, a farmland, situate at Mbawuar-Mbara, upon which the appellant encroached. Both parties gave evidence and called witnesses. The court paid a visit to locus in quo. The case of the respondent was that his late father, Ikutse, once made a customary grant of a piece of land to one Gbuusu (deceased), who was brother to the appellant's father. The appellant's father later came to live with Gbuusu who has erected his house on the said land, subject of the customary grant. After living for a while with his brother Gbuusu, the appellant's father moved to a portion of the land outside the land granted and made a compound. The respondent protested against this encroachment but Gbuusu intervened by explaining that the appellant's father stay was merely temporary and pleaded that he the (appellant's father) be…

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