(2018) JELR 39149 (CA)    

Court of Appeal  ·  CA/OW/71/2015 ·  23 Feb 2018 ·  Nigeria
MASSOUD ABDULRAHMAN OREDOLA 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
learned trial judge
ozulor udennu
root of title
family tree
counter claim
lower court
parcels of land
traditional history
appellants counsel
evidence act
native law
counter-claimants lands
traditional root of title
learned appellants counsel
right of the claimant
said land
statement of claim
abia state
adjacent lands
father of the respondent
grant of statutory right of occupancy
pledge of the lands
appellants proof of ownership
case of lawal v
case of nkado v
counsel chike ukoh
decision of abia state high court
declaration of the honourable court
defendant counter
existence of a pledge of land
issue of pledge of lands
issue of redemption of the lands
leading judgment
learned trial court
name arbitration
ngbugba utueke lands
ngbugba utueko land
owerri ugwuozu
respect of the appeal of the appellant
title of the land
written records of the native arbitration

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the appellant against the decision of Abia State High Court decided on 10/11/2014 in Suit No. HUM/5/2013. ICHIE JOSEPH IZUOGU versus ICHIE BERNARD CHIBO IBE. The Claimant at the lower Court is now the Respondent in this appeal. By paragraph 21 of his Amended Statement of Claim, the Claimant claimed as follows:

(d) A declaration that the claimant is the owner, entitled to the grant of statutory right of occupancy over the parcels of land known as and called Ozulo and Ngbugba Utueke lands both at Owerri Ugwuozu in Ozulobu Autonomous Community Umuogele Amuda Isuochi particularly described in survey plan number AC/LD.13/2013.

(e) N400,000.00 Damage for Trespass.

(f) An injunction restraining the defendant by himself, agents servants, workmen, henchmen and privies from further trespassing into the said land or in any way interfering with the possessory or any right of the claiman…

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