(2018) JELR 38825 (CA)    

Court of Appeal  ·  CA/OW/228/2010 ·  12 Jul 2018 ·  Nigeria
AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
identity of the land
root of title
nnanna ogbu
traditional history
acts of possession
declaration of title
evidence of traditional history
parcel of land
cross examination
fabunmi vs agbe
learned trial judge
plaintiffs counsel
said piece
suit no. hs
appellants counsel
balogun vs akanji
better title
local government area of abia state
proof of his case
traditional history prima facie
true umuasua
addresses of counsel
application of the respondent
defendants acts of trespass
evidence act
further claim
jiaza vs bamgbose
judgment appellants
judgment of abia state high court
known root of title
leading judgment
local government area
modes of proofs of title
oho itu land
order of this court
order of this honourable court
original place
plaintiffs ancestor
plaintiffs suit hs
respondent holds
said land
said portion
supreme court
traditional history of the party
true nnanna

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Abia State High Court, in Suit No. HS/7/2008, and HS/9/2008 (Consolidated), delivered by Hon. Justice Obisike Oji on 24th April 2009, wherein the learned trial judge entered judgment for the Defendant in Suit No. HS/9/2008 and dismissed the Plaintiffs Suit HS/7/2008.

At the trial Court, the Plaintiff in HS/7/2008 (now Appellant) had sought the following reliefs (as per writ of summons of 6/5/2008):

(1) A declaration of title that the plaintiffs are entitled to the Statutory right of occupancy over all the piece or parcel of land traditionally known as and called Ala Ehuri situate at Umuasua in Isuikwuato Local Government Area of Abia State.

(2) An order of this Court compelling the Defendant to surrender or give up the said piece or parcel of land to the plaintiff

(3) N100,000.00 (One Hundred Thousand Naira) damages for the Defendants unlawful trespass.

(4) Perpetual injunction restraining…

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