(2002) JELR 44608 (CA)    

Court of Appeal  ·  CA/PH/96/94 ·  11 Jul 2002 ·  Nigeria
SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
learned trial judge
amended statement of claim
okoro mbubu
2nd defendant
said land
aaron okoro mbubu
father of the 1st defendant
pledge of the land
record of appeal
state of their pleadings
trial judge
court of trial
family of the plaintiff
further answer
ala ohia eke mbubu
alleged assault
amended statement of claim calls
cadit quaestio
case of the plaintiffs
certificate of customary right of occupancy
charged no. mnk
claim of the plaintiff
different names
evidence act cap
evidence of other witnesses
father of the first defendant
father of the first plaintiff
following issues
given case
leading judgment
leave of court
live issue
part of their case
pledge obori
promulgation of the land use act
proper evaluation of the evidence
respective briefs of argument
survey plan no. ven

SYLVANUS ADIEWERE NSOFOR, J.C.A. (Delivering the Leading Judgment):- The appellants herein, qua plaintiffs in the Court of trial had claimed, as per paragraph 20 of the Amended Statement of claim jointly and severally against the defendants as follows:-

"1. N1, 000 (one thousand Naira) as General Damages for trespass

(ii) A perpetual injunction restraining the defendants by themselves, their agents, work men servants or privies from further trespassing into the land in dispute."?

Written pleadings were ordered. They were filed, delivered and exchanged. The plaintiffs, subsequently, with the leave of Court filed amended pleadings. The case has, therefore, fought and contested on the issues, joined on the pleadings finally settled at the amended Statement of Claim, copied in pages 40 to 45 of the Record of Appeal and, the original Statement of Defence, copied in pages 21 to 25.

The case came on for trial before A. A. Ononuju, J. on the 9th of June, 1987, when the actual hearing starte…

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