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NDUMATI & ORS
V.
WOKOMA & ANOR

(2021) JELR 108835 (CA)    

Court of Appeal  ·  CA/PH/514/2019 ·  10 Jun 2021 ·  Nigeria
CORAM
Mistura Omodere Bolaji-Yusuff JCA Muhammed Lawal Shuaibu JCA Ugochukwu Anthony Ogakwu JCA

Ratio Decidendi

Core Terms Beta
appellants
disputed land
lower court
cause of action
reply brief
right of action
further amended statement of claim
issue number
satisfactory evidence
appellate court
possession of the disputed land
statement of claim
appellants’ action
appellants’ reply brief
cross examination
respondents’ brief
traditional evidence
action of the claimants
amended statement of defence
appellants’ brief
briefs of argument
documentary evidence
judgment of the lower court
limitation period
military administrator
ownership of the disputed land
recovery of land
account of its threshold nature
argument of the submissions
cases of greif
chief judge
claimant’s dispute plan
court of appeal rules
finding of the lower court
haste state
issue of law
judgment of the high court of rivers state
leading judgment
legal proceedings
order of perpetual injunction
ownership of the land
parcel of land
part of a piece
plenary trial
respondents’ act
respondent’s possession
said land
sale of part of the disputed land
settled state of the law
years of the institution of the action

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Rivers State, Coram Judice: Iyayi-Laminkara, Chief Judge, delivered on 1st July, 2019, in SUIT NO. PHC/507/2015: JOSEPH NDUMATI and ORS. (for themselves and as representing members of Rumu-ndumati family, Rumuwokerebe, Rumukwurusi) v. CHIEF THEOPHILUS EMEJOR WOKOMA (for himself and as representing members of Eliordorlu family of Rumuorianwo, Rumukwurusi) and ANOR.

The Appellants were the Claimants at the lower Court and by their Further Amended Statement of Claim, they claimed the following reliefs:

“a. A DECLARATION that the Claimants are the owners of all that part of a piece or parcel of land called Ekwu Rumundumati lying at an area locally called ‘Ohia Owuru’ Rumuwokerebe Rumuokwurusi Town in Obio/Akpor Local Government Area of Rivers State of Nigeria more clearly shown, delineated and verged Red on the claimant’s dispute plan no. RV/1085/2016/001 dated 18/4/2…

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