(2014) JELR 39960 (CA)    

Court of Appeal  ·  CA/PH/452/2009 ·  21 Feb 2014 ·  Nigeria
EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
hearing notice
fair hearing
further appearance
18th november
2nd set of defendants
absent defendants
adjourned date
adjudicating authority
akpajo town
breach of a party
learned trial judge
previous notice
reasonable man
second set of defendants
6th april
adjournment orders
beginning of each proceeding
cross examination of pw
evidence proceedings
ex parte proceedings
fuller details
fuller reasons
further dredging
gregory obi ude
hearing notice of this proceeding
joinder of the second set of defendants
joinder of this second set of defendants
jurisdiction of this honourable court vests
leading judgment
local government area
notice issue
notice of that proceeding
notice of the particular proceeding
present appellants
prior consent of the plaintiffs
right of a litigant
rivers state high court
said land
said suit
statutory right of occupancy

EJEMBI EKO, J.C.A.:(Delivering the Leading Judgment): This suit no NHC/26/93 originally filed at the Rivers State High court holden at Nchia had four reliefs being claimed against MR. FAKIRI ZEIN and G. and S. OILFIELD SERVICE LIMITED as the defendants. The reliefs are as follows -

"1. A DECLARATION that the Statutory Right of Occupancy over and in respect of those pieces or parcels of land locally known as and called "OGWUGWU NGESIA" and "ECHI OJUA" within the plaintiffs larger "OKA EPA ETA NGESIA" land situate/lying and being at Akpajo Town, Eleme in Eleme Local Government Area within the jurisdiction of this Honourable Court vests in the plaintiffs.

2. A DECLARATION that any purported lease granted to the defendant by the Akpajo Community or any other person or group in Akpajo Town is null and void and of no effect as the prior consent of the plaintiffs, owners of the land was not sought and obtained.

3. The sum of N3,000,000.00 (Three Million Naira) damages for trespass.

4. A PERP…

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