(2002) JELR 44713 (CA)    

Court of Appeal  ·  CA/PH/151/95 ·  24 Jan 2002 ·  Nigeria
Other Citations
Ndoro v. Pianwii [2003]5 NWLR (Pt.812)137
Ndoro v. Pianwii (2003) 5 NWLR (Pt. 812) 137
SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
wii kpobari
statement of claim
burrow pit
parcel of land
respect of the land
appellate court
lower court
maximum acts of ownership
said land
support of the pledge
chief ndoro
circumstances of this case
acts of trespass
construction company
evidence of pw1
jurisdiction of this honourable court
perpetual injunction
pledged land
traditional histories
1st appellant
annual rental value of the land
dispassionate examination of the evidence
ease of trial
end of the trial
entire nyokua community
evidence of the parties
evidence of the traditional histories
evidence of traditional settlement
gave decisions
high court of rivers state
leading judgment
page iii of the records
possession of the plaintiffs
redeemed land
reign of chief akeke
respect of the piece
said piece
statement of defence
traditional settlement
use of the said land
various families

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal, against the judgment of Opene, J. (as he then was) of the High Court of Rivers State, sitting at Bori, delivered on the 25th day of March, 1993, in suits Nos. BHC/31/85 and BHC/15/87.

The appellants in suit No. BHC/31/85 claimed against the respondents as follows:-

1. "A declaration that the plaintiffs are entitled to the customary rights of occupancy in over and in respect of the piece or parcel of land known as and called "Wii Kpobari" and situate at Nyokua- Okwali in Bori Local Government Area of the Rivers State and within the jurisdiction of this Honourable Court.

2. N10,000.00 damages for trespass.

3. A perpetual injunction restraining the defendants, their servants or agents from further trespass on the said land or in any way interfering with the plaintiffs' ownership and use of the said land."

The respondents in suit No. BHC/15/87 claimed against the appellants as follows:-

"(1) Declaration that the plain…

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