MAFIANA & ANOR
V.
ONWUHAI & ANOR

(2018) JELR 38882 (CA)

Court of Appeal · CA/B/297/2016 · 30 May 2018 · Nigeria

CORAM

JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellants

respondents

defendants

claimants

5th defendant

nwlr part

parties

following cases

learned counsel

lower court

local government area of delta state

determination of the appeal

trial court

direct attack

behalf of onwughai biose family

boundary dispute

boundary line

chief festus n. mafiana

composite survey plan no. jac

credible evidence

interest of justice

iyase of onicha-ugbo

mr paul onwughai

order of perpetual injunction

paragraph

plan no. lsf

pst light eziokwubundu onwochei

said claimants land

5th defendant counter

aniocha north local government area

authority of counsel

boundary issue

boundary of idumuje-ugboko

circumstances of this case

claimants claim

cost of the action

delta state

delta state of nigeria

facts of the case

following reliefs

joint statement of claim

leading judgment

necessary parties

parcel of land

rights of the claimant

ruling of high court of justice

suit no

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of High Court of Justice, Issele-Uku, Delta State of Nigeria in Suit No:- HCI/2/2014 Between (1) MR PAUL ONWUGHAI (2) PST LIGHT EZIOKWUBUNDU ONWOCHEI (Suing for and on behalf of Onwughai Biose Family) AND (1) ONYEISI OKAFOR (2) CHUKWUASIA IFEANYI (3) NWACHUKWU ONYEMA (4) CHUKWUNWEIKE DIBIE (5) ADAGAT AGRICULTURAL VENTURES LTD AND (1) CHIEF FESTUS N. MAFIANA (Iyase of Onicha-Ugbo) (2) CHIEF KEN IWELUMO delivered on the 12th day of April, 2016.

Briefly, the facts of the case are that the Claimants who are the Respondents in this Court claimed by Paragraph 25 of their joint statement of claim at the lower Court as follows:-

Whereof the Claimants claim against the Defendants as follows:-

(1) A declaration that the Claimants are the owners of all that piece or parcel of land known as BIOSE ONWUGHAI FARMLAND, situate at the boundary of Idumuje-Ugboko, Aniocha North Local Government Area, Delta S…

MAFIANA & ANOR V. ONWUHAI & ANOR

MAFIANA & ANOR
V.
ONWUHAI & ANOR