(2002) JELR 44419 (CA)    

Court of Appeal  ·  CA/PH/56/96 ·  13 Jun 2002 ·  Nigeria
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
learned counsel
trial court
identity of the land
statement of claim
disputed land
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
decision of the trial court
first duty of any claimant
following issues
grandfather nwoko
high court of aboh mbaise
james ogenyi ogebe
landed property
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…

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