(2001) JELR 44253 (CA)    

Court of Appeal  ·  CA/E/93/99 ·  14 Jun 2001 ·  Nigeria
Other Citations
Mbamalu v. Mozie (2002) 2 NWLR (Pt 751)345
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
plan no. ecas
6th defendants
cottage hospital
learned trial judge
reasonable doubt
plan no. mg
senior counsel
square metres
evidence act
lands registry
said portion of land
surveyor chidolue
survey plan exhibit
building certificate of occupancy
customary right of occupancy
letter of application
parcel of land
purported grant
said application
said building certificate of occupancy no.
said document
said family
suit no.
amended claim of the plaintiffs
area of the said family land
authority of the adult members of the said family
briefs of both parties
chief c.o. akpamgbo
due course questions
exact delineation of the said land
facts of the case of the plaintiffs
following issues
following issues call
fraud of the said family
general meeting of the family
humble contention of the appellants
judgment of the high court of anambra state
leading judgment
long delay
plan ecas
purported grant of a large area of omennu family land
relevant survey plan
said letter of application
similar manner
state government
use of such phrases

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against a judgment of the High Court of Anambra State of Nigeria, holden at Otuocha, coram Amaizu, J. as he then was, in suit No. 0/124/86 delivered on the 14th July, 1995, wherein he dismissed the plaintiffs' claim for a declaration that the purported grant of a large area of Omennu family land by the 2nd - 6th defendants to the 1st defendant over the four plots lawfully authorised by the said family was done in fraud of the said family and should be rectified including the registration at the lands Registry at Enugu; an injunction restraining the 1st defendant from trespassing into the area of the said family land outside that lawfully granted him; and another injunction restraining the 2nd to 6th defendants and their agents etc. from alienating the said portion of land to the 1st defendant, without the consent and authority of the adult members of the said family, with no order as to costs.

The amended claim of th…

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