(2007) JELR 51022 (CA)    

Court of Appeal  ·  CA/PH/52/2002 ·  10 Dec 2007 ·  Nigeria
Core Terms Beta
legal practitioner
trial judge
deed of conveyance
imo state
exhibit c
bound record
land instruments preparation law
land instruments registration law
laws of eastern nigeria
lead judgment
parcel of land
statement of claim
unregistered registrable instrument
second issue
exhibitis void
expectation of any fee
lease agreement
provisions of sections
said piece
submissions of both learned counsel
unregistered deed of conveyance
1st day of july
appellant’s landlord
cardinal rule of the construction of statutes
clear reading of sections
consideration of such person drawing
course of the trial
final result
general principles
high court of justice
interpretation of statutes
kekere-ekun jca
learned counsel
notice of appeal
provisions of the land instruments preparation law
punitive damages
respondent’s brief
rules of this court
said emmanuel chukwu lekwauwa
submission of the learned counsel
such circumstances
supreme court peruwais cjn
u. ahanonu njemanze
words of the statutes

KEKERE-EKUN JCA (Delivering the Lead Judgment): By a writ of summons dated 31 July 1997, the respondent herein, as plaintiff instituted a suit against the appellants herein, as defendants before the High Court of Justice, Imo State, sitting at Owerri, claiming the following reliefs: “Declaration that the plaintiff is entitled to the satutory right of occupancy over the piece or parcel of land known and called “Uzoato” situate and lying along Uratta Road, Owerri, within jurisdiction and which is more particularly delineated in Survey Plan No. NEC/9817/78.

N500,000.00 (five hundred thousand naira) only, general and exemplary or punitive damages against the defendants for trespass on the said piece or parcel of land.

Perpetual injunction restraining the defendants, their servants , agents or privies from further acts of trespass on the said piece or parcel of land.”

The parties duly exchanged pleadings. In the course of the trial, the respondent sought to tender exhibit C, a deed of conve…

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