Customer Support

NWAGWU
V.
AGUMA

(2015) JELR 51379 (CA)

Court of Appeal 22 May 2015 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellants filed suit PHC/377/1992 at the Rivers State High Court, seeking declaration of statutory right of occupancy over land at Rumuadaolu, damages, and injunction, relying on traditional history that their ancestor Adaolu founded

Case Details

Suit Number:CA/PH/262/2008
Judges:MODUPE FASANMI JCA STEPHEN JONAH ADAH JCA
Counsel:Collins N. Obulor (with him, E.O. Felix) - for the Appellants -*- K.O. Olumati - for the Respondents

GARBA JCA (Delivering the Lead Judgment): The High Court of Rivers State, Port Harcourt had in a judgment delivered on 9 March 2007 in the appellants’ suit No. PHC/377/1992, dismissed their claims for declaration that they are the holders of the statutory right of occupancy over a piece of land in Rumuadaolu on Obio/Apkor Local Government Area of Rivers State, damages and injunction, against the respondents. The appellants had relied on traditional history evidence that their forefather, one Adaolu deforested the land in dispute and it devolved to them through inheritance. That they have been in occupation/possession of not only the land they claimed, but adjacent pieces of land exercising acts of ownership. On their part, the respondents’ case was that the land in dispute was an abandoned one by Ochiri and was not owned by the parties originally. They also relied on evidence of traditional history for their case, which the High Court found to be more plausible and decided the dispu…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.