(2018) JELR 39050 (CA)    

Court of Appeal  ·  CA/OW/14/2014 ·  28 May 2018 ·  Nigeria
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd claimant
trial court
1st claimant
exhibit b
miscarriage of justice
cross examination
said land
leading judgment
respondents counsel
trial judge
constitution of nigeria
evidence of the parties
order of court
uzo odo awom land
above issues
addresses of counsel
appellants counsel
balance of n550,000.00
case of adimora vs ajufo
case of anaeze vs anyaso
claims of the plaintiffs
consent of the defendant
consequences of the delay
documentary evidence
evidence act
evidence of mrs. nweke irobundaat page
father of the claimant
hon. justice onuoha a.k. ogwe
iroezi family lands
judgment of abia state high court
learned trial judge
ownership of claimants
part of payment of the agreed sum
previous sales of other family lands
said sum of n300,000.00
said uzoodoawom land
said visit
sum of n58,500.00
third parties
use of the land
uzo odo awom land of the defendant
valid contract of sale
valid contract of sale of the land
written document

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court in Suit No.HU/63/2007, delivered on 13/3/2013, by Hon. Justice Onuoha A.K. Ogwe, wherein he granted the claims of the Plaintiffs and awarded the reliefs claimed. Appellant on record substituted the Defendant at the Court below, who died in the course of this appeal. The Respondents herein were the Claimants at the Court below.

The Claims at the trial Court was for:

(1) A declaration that the Defendant cannot, by force, take away from the plaintiffs the possession, ownership and use of the land in dispute.

(2) The Sum of N58,500.00 (Fifty Eight Thousand Five Hundred Naira) only as special and general damages for the (9) nine palm trees.

(3) An order of injunction restraining the Defendant, his privy, agents/or his workmen from further entry upon or interfering with the said land. (Page 5 of the Records)

The Defendant filed a defence and a Counter-claim and sought title ov…

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