(2018) JELR 38927 (CA)    

Court of Appeal  ·  CA/OW/50/2013 ·  22 May 2018 ·  Nigeria
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
way of their traditional evidence
abia state
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
amended statement of defence
2nd respondent
said grounds
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
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…

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