(2001) JELR 44331 (CA)    

Court of Appeal  ·  CA/PH/23/94 ·  5 Apr 2001 ·  Nigeria
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
traditional history
trial court
declaration of title
finding of fact
possession of the land
ala ulo ubi duruozuruoha
case of the appellants
leading judgment
lower court
piece of land
trial judge
1st appellant
3rd issue
aboyi john ikongbeh
amended brief of argument
appellants action
appellants material
conclusion of the case
course of argument
defence counsel
disputed land
evidence of both parties
evidence of pw2
firm view
founding father
fourth issue
given state of affairs
grounds of appeal
high court of oguta
ignatius chukwudi pats-acholonu
j. o. ogebe
light of the abundant acts of ownership
line of the basic proposition
matter rest
preponderance of evidence
present acts of ownership
remaining issues
root of their title
support of its claim
traditional history of the land
violent conflict

J. O. OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants sued the respondents before the High Court of Oguta in Imo State for a declaration of title to a piece of land called "Ala Ulo Ubi Duruozuruoha", damages for trespass and injunction. The parties exchanged pleadings which were subsequently amended by both parties.

The case of the appellants in the court below was that they inherited the land in dispute from time immemorial from their ancestors. They relied on long traditional history and on past and present acts of ownership and possession which included planting of rubber trees and other economic trees and planting of three juju shrines on the land.

The respondents on the other hand also claimed the land from their ancestors.

They call the disputed land "Ala Nwaedo".

At the conclusion of the case the trial judge dismissed the appellants' claim in its entirety.

Not happy with the decision the appellants have appealed to this court and have filed an amended of argumen…

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