(1998) JELR 45600 (CA)    

Court of Appeal  ·  CA/A/164/95 ·  13 Jan 1998 ·  Nigeria
Other Citations
Idakwo v. Ilona (1998) 3 NWLR (Pt.541)
Idakwo v. Ilona (1998) 3 NWLR (Pt. 541) 315
UMARU ATU KALGO Justice of The Court of Appeal of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
right of occupancy
certificate of occupancy
1st defendant
learned counsel
respect of the land
exhibit d
terms of settlement
trial court
24th october
adjacent land
benue state governor
land use act
leading judgment
leave of the trial court
legal notice
memorandum of settlement
provisions of section
urban areas
2nd appellant
acts of long possession
benue state government
benue state legal notice
different times
disputed area
first part
idah high court of benue state
learned trial judge ochimana
legal practitioner
legal title
military governor
name of the 2nd appellant
open court
original grant
ownership of the said land
part of the estate of his late father
plot of land
portion of land
provisions of the land
remaining land
remaining portion of land
respect of the disputed land
st boniface primary school idah
total petrol filling station
urban areas of the state
whole evidence

KALGO, J.C.A. (Delivering the Leading Judgment): This case has some chequered history which needs to be explained in order to appreciate how the present position is arrived at. On the 19th of September 1989, the 1st appellant alone, filed a writ of summons as plaintiff against the 2nd appellant (his brother) and the respondent as defendants in the Idah High Court of Benue State praying the Court to order:-

(a) the 1st defendant to handover to him all the properties, monies and documents connected with the estate of their late father Joseph Idakwo Ejiga as administrator or the estate:

(b) the respondent to vacate the plot of land and the Total Petrol Filling Station situate in Sabon Gari opposite St Boniface Primary School Idah forming part of the estate of his late father and that any evidence or ownership of the said land produced by the respondent be declared null and void.

On the 20th of November, 1989, with the leave of the trial court, one Ukwenya Ochijenu Uteno was joined as a 3…

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