(2021) JELR 109207 (SC)    
Supreme Court  ·  SC.532/2013 ·  20 Dec 2021 ·  Nigeria
Olukayode Ariwoola, JSC Amina Adamu Augie, JSC Helen Moronkeji Ogunwumiju, JSC Abdu Aboki, JSC Tijjani Abubakar, JSC
Core Terms Beta
grounds of appeal
grounds of mixed law
statement of defence
grounds of law
trial court
exhibit c
lower court
appellant's appeal
decision of the lower court
learned counsel
learned justices of the court of appeal
legal evidence
notice of preliminary objection
respondent proved possession of the land
said land
appellant's defence
defendant appellant
evidence of the respondent
grounds of facts
judgment of the trial court
question of law
senior counsel
appellants brief of argument
claim of the respondent
court of appeal of the trial court
court of appeal owerri
decision of the court of appeal
dictates of the law
elder brother
family land
following words
high court of imo state
incompetent grounds of appeal
judgment of the court of appeal owerri division
land subject of this appeal
lead evidence of traditional history
leading judgment
learned senior counsel
necessary leave
paragraph affidavit
pleaded fact
respondent of the fresh facts
senior counsel chief mike l
substantive case

TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Owerri Division, delivered on the 22nd day of March, 20131 wherein the Appellant's appeal against the judgment of the trial Court was unanimously dismissed by the lower Court.

The claim of the Respondent in this appeal as Plaintiff at the trial Court as per the writ of summons taken out on the 11th day of January 1989 reads as follows:

1. N1,000.00 being damages for trespass to the plaintiff's parcel of land known as and called “ALA NWOKWU" in plaintiff's possession situate at Umunyado Irete within jurisdiction

2. Injunction restraining the defendant by herself, servant and/or agent from committing further acts of trespass on the said land.

The facts grounding this appeal are that the land subject of this appeal known and called "Ala Nwokwu" is an integral part of a larger parcel of land situate at Umungada Irete. The Plaintiff's claim at the trial Court is that the land …

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