(2011) JELR 46094 (CA)    

Court of Appeal  ·  CA/PH/363/05 ·  18 Apr 2011 ·  Nigeria
Other Citations
Njoku v. Jonathan (2012) 9 NWLR (Pt. 1304) 135
ABUBAKAR JEGA ABDULKADIR Justice of The Court of Appeal of Nigeria HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
trial court
1st respondent
evidence of traditional history
trial judge
1st plaintiff
evidence of pw3
probative value
humble view
statement of claim
acts of possession
credibility of witnesses
evidence of the appellant
honourable court
parcel of land
act of desperation
duty of the learned trial judge
dw2 give evidence
evidence of dw1
evidence of the defence witness
factual evaluation of the evidence
high court umuahia
important point
judgment of the high court of abia state
judgment of the learned trial judge
much feted statement of the law
occupancy of the land
original 1st plaintiff obolobo kalu
particular instance
procession of the land
proper finding
respondent claim
respondent counsel
support of their case
totality of the evidence
traditional history of the land
traditional neighbours of the 1st plaintiff
witness dw2
witnesses pw3

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Abia State delivered on 27th day of July, 2004 by Hon. Justice K. O. Amah C.J.

The facts that led to this appeal are as follows:

The Plaintiffs' claim against the Defendant in this suit commenced at the High Court Umuahia is as follows:

(a) Declaration of title to all that piece or parcel of land known as and called "NKPAKWUNTA" (valued 5 pounds) situate at Bende in the Umuahia Judicial Division.

(b) 200 Pound being general damages for trespass.

(c) Perpetual injunction to restrain the Defendant, agent, servants and workmen from further entering NKPAWUNTA or in any other way interfering with the Plaintiffs' possession or ownership thereof.

On the 17th of April, 1972 the Honourable Court ordered pleadings in the suit. The Plaintiffs filed their statement of claim on the 23rd of February 1973 while the Defendant filed his statement of defence on the 6th Sept…

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