(2018) JELR 38691 (CA)    

Court of Appeal  ·  CA/E/84/2010 ·  16 Jul 2018 ·  Nigeria
OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Core Terms Beta
tissues of lies
credible evidence
cross examination
learned trial judge
case of the appellants
3rd respondents
obi of obiagu
statement of defence
claim of the appellants
general damages
judgment of the court
counter claim
evidence of dw1
native law
weight of evidence
2nd respondent
awor oraifite
counterclaim of the respondents
evidence of dw2
leading judgment
notice of appeal
preponderance of evidence
burial of the mother of dw1
case of the respondents
cost of one iroko tree
defendant fails
descendants of late reuben anudike echendu
evaluation of facts of this case
family members
first son of the 1st respondent
grandfather of the respondents
grant of statutory rights
grant total n1
great grandfather of the appellants ezeamogu
high court
high court of anambra state
parcel of land
presence of witnesses
said land
said leading judgment
said obi of obiagu
sum of n2m

JAMES SHEHU ABIRIYI, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment delivered on 18th January, 2008 in the High Court of Anambra State holden at Nnewi in suit No. HN/79/2004.

The Appellants who were the plaintiffs in the High Court (the Court below) took out a writ of summons against the Respondents as defendants. The claim of the Appellants against the Respondents was for the following:

(a) A declaration that the Defendants having challenged the Plaintiffs (sic) title over the land in dispute, have all forfeited their rights and/or interests over the same.

(b) A declaration that the Plaintiffs are entitled to the Certificate of Right of Occupancy (Statutory) over the land in dispute in reversion, as the Defendants have since 1968 left and/or abandoned same to the Plaintiffs.

(c) The Sum of N2m (Two Million Naira) being Special and General damages for trespass.



1. Cost of One Iroko tree = 500,000.00

2. Cost of three (3) Fruiting…

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