(2018) JELR 38714 (CA)    

Court of Appeal  ·  CA/E/81/2012 ·  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
respondents grandfather
grounds of appeal
senior counsel
record of appeal
better title
ground of appeal
family land
parcels of land
credible evidence
grandfather of the respondent
land exchange transaction
learned trial judge
amended notice of appeal
parcel of land
evidence of pw1
evidence of the parties
evidence of witnesses
high court of enugu state
leading judgment
local government area of enugu state
original notice of appeal
said ukwanwokocha land
alleged written agreement
appellants reply brief of argument
argument of issue no. ii
argument of the issues
claim of the appellant
following conclusions
high court
inter vivos
issues of sale
judgment of the trial court
judgment of the trial court set aside
leave of the court
omnibus ground of appeal
real issue
respondents brief
said agreement
salient facts of the case
summary of points
view of the pleadings

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 28th November, 2011 in the High Court of Enugu State holden at Enugu. The suit commenced at the Awgu Judicial Division but the Hon. Justice B. E. Agbatah who was hearing the matter was transferred to the Enugu Judicial Division before the suit could be determined. He therefore moved with the part heard case to the Enugu Judicial Division.

The Appellant as plaintiff claimed against the Respondent as defendant in the High Court (the Court below) for the following:

(a) A declaration that the Plaintiff is entitled to the Customary Right of Occupancy over the said Ukwanwokocha land situate, lying and being at Ifite Village, Amoli, Awgu (South) Local Government Area of Enugu State, as against the defendant.

(b) A perpetual injunction restraining the defendant either in person or through agents, servants, or privies, howsoever constituted, from further trespassing into or interfering …

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