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 …

NWANCHOR & ANOR V. AMIARA & ORS

NWANCHOR & ANOR
V.
AMIARA & ORS