IKPAMAKU
V.
MAKOLOMI

(2011) JELR 49409 (CA)

Court of Appeal · CA/B/206/2003 · 13 Jul 2011 · Nigeria

CORAM

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

plaintiff

evidence

trial court

appellant

exhibit c

lower court

identity of the land

traditional history

learned trial judge

catholic mission

roman catholic mission

trial

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 …

IKPAMAKU V. MAKOLOMI

IKPAMAKU
V.
MAKOLOMI