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…

NDUMATI & ORS V. WOKOMA & ANOR

NDUMATI & ORS
V.
WOKOMA & ANOR