(2011) JELR 49409 (CA)    

Court of Appeal  ·  CA/B/206/2003 ·  13 Jul 2011 ·  Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
exhibit c
lower court
identity of the land
traditional history
learned trial judge
catholic mission
roman catholic mission
said land
ewu land
learned appellants counsel
ediagbon family
such instrument
above submission
acts of ownership of the said land
acts of trespass
appellants reply brief
claim of ownership of the land
consider issues
contention of the plaintiff
decision of high court of justice delta state
documentary exhibits
evidence of traditional history of the parties
exhibit c.
extant amended appellants brief of argument
facts of the instant case
father makolomi
further acts of trespass
further amended statement of claim
issues of determination
jurisdiction of the traditional ruler
jurisdiction of this honourable court
leading judgment
learned trial judge property
minor contradiction see whyte
ovie of ughelli
present respondent
respective briefs of argument
respect of the piece of land
see agu
see kwasalba
state of plaintiff s pleadings
traditional evidence of the parties
traditional ruler

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of High court of Justice Delta State, sitting in Sapele Judicial Division (hereinafter called the lower court") delivered on 25th July, 2002. The present respondent as plaintiff sued the appellant as defendant claiming the underlisted reliefs as per his Further Amended Statement of claim. The reliefs he sought at the lower court are as follows:-

a) A declaration that the plaintiff as owner in possession under customary the is the person best entitled to Statutory Right of Occupancy in respect of the piece of land situate, lying at Otowodo Ughelli, known as Ewu Land within the large land Area of Ediagbon family land shown, described in Survey Plan No.JAA/BD/487/88 dated 8th October 1988 and being in Ughelli Township, within the jurisdiction of this Honourable Court.

b) N500.00 damages for acts of trespass being committed by the Defendant, his servants or agents on the said land.

c) Perpetual …

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