(2018) JELR 39082 (CA)    

Court of Appeal  ·  CA/B/133/2016 ·  9 Feb 2018 ·  Nigeria
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
area customary court
record of appeal
court of appeal
cross appeal
high court
lower court
set aside
statement of claim
1st respondents
favour of the respondents
independent appeal
inter alia
1st respondents action
1st respondents properties
customary court
district customary court
handling case
high court of edo state
leading judgment
learned counsel
order of the customary court
order of this honourable court
release of their properties
respondents claim
said notice of cross appeal
subsisting order of the customary court
addresses of counsel
amended statement of claim
appellants notice of appeal
area customary court iguobazuwa
cross appellant
cross appellants
cross respondents
decision of the high court of edo state
detention of the claimants properties
following facts
handling of case
judgment of the district area court
monetary value of the claimants properties
photocopy of a notice of cross appeal
proper order
suit no. higu
sum of n1,000,000.00

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A.(Delivering the Leading Judgment): This appeal emanated from a decision of the High Court of Edo State, holding at Iguobazuwa in Suit No. HIGU/26/2011, delivered on 10/12/2015. In the said suit the appellant was the defendant while the respondents were the claimants. The respondents claim as contained in the last paragraph of their amended statement of claim was as follows:

(i) A declaration that the defendants refusal to handover to the claimants their properties (enumerated in paragraph 7 and 8 of the Amended Statement of Claim) after claimants several demands in 2011 is illegal and wrongful.

(ii) An Order of this Honourable Court directing the defendant to pay over to the claimants the sum of N1,000,000.00 as damages for Detinue (Detention of the claimants properties).

(iii) An Order mandating the defendant to pay to the claimants the sum of N1,264,000.00 (One Million, Two Hundred and sixty-four thousand Naira) which represents the monetary value of…

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