IHEMEREMADU & ORS
V.
OKPECHI & ORS

(2018) JELR 38927 (CA)

Court of Appeal · CA/OW/50/2013 · 22 May 2018 · Nigeria

CORAM

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

high court of justice

lower court

instant case

oral evidence

said land

fundamental issue

grounds of appeal

trial judge

dispute forms

learned trial judge

considered view

issue of the trial courts jurisdiction

documentary evidence

court of appeal

statement of claim

brief of argument

entitlement of the respondents

said compound

appellants

way of their traditional evidence

abia state

issue

azu ulo land

supreme court

present case

leading judgment

various acts of trespass

proof of the traditional history

ors v ani

proof of their respective cases

cw2

land

amended statement of defence

2nd respondent

said grounds

defendants

case of osawe v osawe xxxxxxxxxxxxxxxxxxxxxx

judgment of the lower court

own issue suo motu

entire okpulo onunobi

addresses of the parties

appellants reply brief of argument

residential compound of the defendants

respondents

issue of his jurisdiction

tenacious hold of the appellants

futile attempt

claimants okpechi

title of the plaintiffs

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 25/6/2012 by the High Court of Justice, Abia State, presided over by Hon. Justice A.U. Kalu (hereafter to be simply referred to as the lower Court and learned trial Judge respectively).

The instant case was commenced by the Respondents as Claimants before the lower Court by a writ of summons which issued on 9/5/2003. Their statement of claim was filed on 13/5/2004 and the reliefs sought against the Appellants as Defendants therein are for: -

(1) A declaration that the Plaintiffs are entitled to the statutory right of occupancy over the land known as and called "AZU ULO" which is situate and lying at Nkata Afarata Ibeku in the Umuahia North Local Government Area of Abia State of Nigeria with an annual rental value of N50.00.

(2) N2,000,000.00 (Two Million Naira) special and general damages for various acts of trespass committed by the Defendants over the land in issue b…

IHEMEREMADU & ORS V. OKPECHI & ORS

IHEMEREMADU & ORS
V.
OKPECHI & ORS