(2000) JELR 44204 (CA)    

Court of Appeal  ·  CA/PH/229/96 ·  4 May 2000 ·  Nigeria
Other Citations
Ihekoronye v. Hart (2000) 15 NWLR (Pt.692)840
Ihekoronye v. Hart (2000) 15 NWLR (Pt. 692) 840
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria JOHN ABOYI IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd defendant
grounds of appeal
learned trial judge
possession of the land
mgbara apiti
statement of claim
error of mixed law
evidence of dw1
amala arbitration
following issues
licence of the plaintiff
notice of preliminary objection
said arbitration
special damages
appellant lineage
briefs of argument
end of the trial
first defendant
fore father eze
isiala ngwa judicial division
issue of partition of umueze kindred
judgment of the high court of abia state
leading judgment
lead judgment
mother of the appellant
order of the court
order of the honourable court
piece of land
pieces of lands
prima facie proof of title
s. c. page
shares of his ancestor
superior customary title of the 2nd defendants
umueze ihieorji ngwa ukwu

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Abia State holden at Isiala Ngwa Judicial Division delivered by Isuama J., on the 5th day of July, 1996 in suit, No.HIN/32/93. The appellant herein took a writ of summons against the respondents herein and claimed as follows:

"Wherefore the plaintiff is damnified" and claims against the defendants jointly and severally as follows:-

(1) One thousand naira (N1,000.00) being special damages for defendants' destruction and damage to plaintiff's land called "Mgbara Apiti" land which is situate and lying at Umueze Ihieorji Ngwa Ukwu in the Isiala Ngwa North Local Government Area of Abia State, within jurisdiction.

(ii) Six thousand Naira N6,000.00 being general damages for defendants' unauthorised entry and trespass to the said "Mgbara Apiti" land without the leave or licence of the plaintiff.

(iii) Three thousand (N3,000.00) being examplary damages for defendants' trespass into …

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