NDULUE & ORS
V.
EZUMA & ORS

(2018) JELR 39134 (CA)    

Court of Appeal  ·  CA/E/630/2013 ·  14 Feb 2018 ·  Nigeria
CORAM
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
respondents
record of appeal
claim
appellants
learned trial judge
prohibited distance
counter claim
locus
counter-claim
onitsha-owerri federal highway
27th june
disputed land
functus officio
hussein mukhtar
application of the respondents
counter-claim of the parties
order of the court
statement of defence
additional issue
akere vs gov. oyo state
award of the sum
compelling reason
complete agreement
cross-examination
dated 17th may
e.e egbunonu
following grounds
following issues
frederick oziakpono oho
issue of the location of the disputed land
judgment of the high court of anambra state
judgment of the lower court
leading judgment
learned counsel
light of the foregoing
lower court vide writ of summons
order of perpetual injunction
order of the honourable court
possession of the land
proof of their counter-claim
said disputed land
said visit
s.c. see
statement of claim
status of the disputed land
subject matter of this suit
trial court
trial judge
truth of the findings of the lower court

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Anambra State sitting in Ihiaja delivered by B. A. Ogbuli J., on 27th June 2013.

The lower Court had previously struck out both the claim and counter-claim of the parties, respectively, on the grounds that same were not justiciable. However, the Learned trial judge subsequently entered judgment for the Respondents in terms of their counterclaim that was previously struck out.

The Appellants, as the Plaintiffs, instituted this suit in the lower Court vide Writ of Summons and Statement of Claim both dated 25th April, 2012, which they later amended on 28/2/2013 by the order of the Court, and claimed as follows:

i. AN ORDER of the Honourable Court declaring that the plaintiffs are still entitled to the equitable leasehold from the period unexpired for 99 years starting from the 24th day of February, 1972 to 23rd day of February, 2071.

ii. AN ORDER OF PERPETUAL INJUNCTION restrai…

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