Core Terms Beta
judgment of the trial court
respondents evidence of traditional history
issue of further particulars suo motu
judgment of the ebonyi state high court
statement of claim
suit no. hik
brief of argument
court suo motu
decision of the lower court
evidence of the parties
miscarriage of justice
notice of appeal
story of the appellants
absence of such averments
case of the plaintiffs
conclusion of trial
constituion of the federal republic of nigeria
deemed customary right of occupancy
evaluation of the evidence of the parties
grounds of appeal pages
host of other roots of title
justice of the supreme court
learned trial judge
proof of their case
provisions of sections
subject matter of this appeal
submission of the parties
suo motu raise
supreme court exercise
traditional history dating
undisputed possession of the land
RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ebonyi State High Court, sitting in Ikwo delivered on the 25th of June, 2012, in Suit No. HIK/3/2011.
The suit the subject matter of this appeal was instituted vide writ of summons dated 22nd February, 2011 and statement of claim filed on the same date.
In paragraph 24 of the statement of claim, the Plaintiffs, (Appellants in this Appeal) claim against the defendants (Respondents in this Appeal) jointly and severally as follows
a. The Plaintiffs are entitled to the deemed Customary Right of Occupancy over the land in dispute.
b. The cost of 1,000,000.00 (One million naira) being General Damages.
c. An injunction restraining the Defendants, their agents, servants, privies from further trespass or encroachment on the said land.
It is the story of the Appellants that they had been in undisputed possession of the land in dispute up to 2006 when the Respondents started to lay …