NWOGU & ORS.
V.
NWOKOROBIA

(2002) JELR 44419 (CA)

Court of Appeal · CA/PH/56/96 · 13 Jun 2002 · Nigeria

CORAM

JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

respondent

appellants

evidence

appeal

defendants

learned counsel

trial court

identity of the land

statement of claim

counsel

disputed land

issues

j.c.a

odonkwu nwokorobia

traditional history of the land

exhibit a.

favour of the respondent

lead judgment

learned trial judge

parcel of land

statement of defence

aboyi john ikongbeh

boundaries of the disputed land

clear evidence

cross-examination

decision of the trial court

first duty of any claimant

following issues

grandfather nwoko

high court of aboh mbaise

james ogenyi ogebe

landed property

lands

leading judgment

main issue

michael eyaruoma akpiroroh

none of the surveyors

order of court

own version of the traditional history of the land

part of the land

plaintiff claims

possession of the defendants

single issue

survey plan exhibit a

survey plan no. asa

survey plans

trial judge

JAMES OGENYI OGEBE, J.C.A: (Delivering the Leading Judgment); The respondent sued the appellants in the High Court of Aboh Mbaise in Imo State presided over by Mbachu, J., claiming as per paragraph 26 of the statement of claim as follows:-

"26. Wherefore the Plaintiff claims as follows:

(a) An order of Court commanding the defendants to surrender to the plaintiff all that piece or parcel of land which is part of 'ODONKWU NWOKOROBIA', and situate in Umualim Ikenga Eziudo in Aboh Mbaise, which piece or parcel of land has been in the possession of the defendants, and which the defendants have refused to surrender despite repeated demands.

(b) An injunction perpetually restraining the defendants, servants and or their privies from further entry into the lands so surrendered."

The appellants filed a statement of defence denying the claim and stating their own version of the traditional history of the land.

The respondent's case from the pleadings and evidence was that the disputed land or…

NWOGU & ORS. V. NWOKOROBIA

NWOGU & ORS.
V.
NWOKOROBIA