(2000) JELR 44187 (CA)    

Court of Appeal  ·  CA/E/111M/98 ·  10 Jul 2000 ·  Nigeria
Other Citations
Melifonwu v. Egbunike (2001) 1 NWLR (Pt.694)271
Melifonwu v. Egbunike (2001) 1 NWLR (Pt. 694) 271
NIKI TOBI Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
court of appeal
issue of res judicata
statement of claim
learned trial judge
res judicata
trial judge
amendment of paragraph
considered view
previous case
suit no.
trial court
amendment of the statement of claim
plan no. mec
stage of the proceedings
subject matter
supreme court
abuse of process of court
affidavit of mr. ben ntephe
anambra state
appellate court
appellate courts
application of the plaintiff
court decisions
court of competent jurisdiction
current application of the plaintiff
decision of the learned trial judge
earlier case
exact location of the appellant
hearing counsel
issue estoppel
issue of ownership of owelle-ebo land
leading judgment
new question
order of this court
part of the ruling of the learned trial judge
previous decisions of courts of competent jurisdiction
proper exercise of discretion
purported ground of res judicata
said nnamdi iwenofu
single issue
subject of judicial discretion
surveyor-general of anambra state

TOBI, J.C.A. (Delivering the Leading Judgment): By a motion dated 6th April, 1994, the appellant asked for the amendment of paragraph 10 of the statement of claim in order to introduce a plan prepared for the plaintiff by the Survey-General:

"(i) Introduce a plan prepared for the plaintiff by the Surveyor-General of Anambra State using plan No. MEC/403A/67 as shown on the land physically and showing the exact location of the appellant's house that was destroyed and looted.

(ii) Plead and establish that in another suit, suit No. 0/358/83 taken out by one Nnamdi Iwenofu against the respondents, in which a plan No. MEC/2774/83 was tendered, that the said Nnamdi Iwenofu won the case when the respondents settled with him and paid him. That this land and property for which the respondents paid was located in the Isiokwe land as that of the appellant.

(iii) Emphasise that the issue in the suit was not one of boundary which had been determined but of actual trespass and destruction of the ap…

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