NWANCHOR & ANOR
V.
AMIARA & ORS

(2018) JELR 38888 (CA)    

Court of Appeal  ·  CA/E/02M/2013 ·  11 May 2018 ·  Nigeria
CORAM
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondents
appeal
appellants
parties
lower court
issue
trial court
customary arbitration
material facts
original jurisdiction
fair hearing
judgment of the trial court
respondents evidence of traditional history
issue of further particulars suo motu
judgment of the ebonyi state high court
said land
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
original founder
story of the appellants
absence of such averments
brief facts
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
following cases
grounds of appeal pages
host of other roots of title
justice of the supreme court
leading judgment
learned trial judge
pleaded facts
proof of their case
provisions of sections
reasonable time
respondent fails
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.

BRIEF FACTS

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 …

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