ISHIE
V.
MOWANSO

(2000) JELR 50961 (CA)    

Court of Appeal  ·  CA/E/213/88 ·  21 Mar 2000 ·  Nigeria
 · 
Other Citations
Ishie v. Mowanso (2000) 13 NWLR (Pt. 684) 279
CORAM
DENNIS ONYEJIFE EDOZIE, JCA (Presided) OKWUCHUKWU OPENE, JCA SIMEON OSUJI EKPE, JCA (Read the Lead Judgment )
Core Terms Beta
plaintiff
case
learned trial judge
suit no. c
grounds of appeal
subject matter
declaration of title
record of appeal
previous judgments
brief of argument
chief eyo ishie
chief ishie offiong okoho
ishie town
isong akani ebiet ishie
amended statement of claim
additional grounds of appeal
ishie house
judgment of the learned trial judge
lead judgment
members of the family
personal capacity
appellant’s brief
approval of the plaintiff
civil matters
credible evidence
decision of the lower court
defendants’ case
failure of issues
further acts of trespass
high court of cross river state
leave of the court
leave of the lower court
only rightful persons
parcel of land
piece of land
present 2nd defendant
present action
son of chief ishie offiong okoho
such right rests
suit nos
tenants of their choice parts of the land
titular owner of the said land
village head
weight of evidence

EKPE, JCA (Delivering the Lead Judgment): The plaintiff in the High Court of Cross River State, holden at Calabar, in his personal capacity sued the defendants in suit No. C/109/73 in a representative capacity for themselves and as representing Ishie house and claimed in paragraph 20 of the amended statement of claim the following reliefs: “(a) Declaration of title to a piece of land known as Isong Akani Ebiet Ishie, in Ishie town, Calabar within Calabar Judicial Division, the annual rental value of which is N20.00.

N500.00 general damages for trespass in that on or about November, 1973, the defendants entered into the said piece or parcel of land, constructed roads, and gave out to tenants of their choice parts of the land in dispute without the consent and/or approval of the plaintiff, who is the titular owner of the said land. Perpetual injunction to restrain the defendants, their agents and servants from continuing further acts of trespass on the land.”

Pleadings were ordered, fil…

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