(2018) JELR 38882 (CA)    

Court of Appeal  ·  CA/B/297/2016 ·  30 May 2018 ·  Nigeria
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
5th defendant
nwlr part
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
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…

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