IZUOGU
V.
IBE & ANOR

(2018) JELR 39149 (CA)

Court of Appeal · CA/OW/71/2015 · 23 Feb 2018 · Nigeria

CORAM

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

claimant

evidence

counter-claimant

trial court

learned trial judge

ozulor udennu

root of title

mgbugba-utueko

family tree

counter claim

lower court

parcels of land

traditional history

appellants counsel

counter-claim

evidence act

native law

counter-claimants lands

traditional root of title

cross-examination

learned appellants counsel

mgbugba-isingwu

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…

IZUOGU V. IBE & ANOR

IZUOGU
V.
IBE & ANOR