(2018) JELR 38957 (CA)    

Court of Appeal  ·  CA/PH/311/2015 ·  18 May 2018 ·  Nigeria
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
declaration of title
nature of the claim
statement of claim
writ of summons
1st set of respondents
2nd set of respondents
lower court
further trespass
said portion of ohia oboi of the claimants
1st set of defendants
2nd set of defendants
amended statement of claim
appellants application
cordelia ifeoma jombo-ofo
license of the claimants
ohia oboi farmland of the claimants
parcel of land
perpetual injunction
rivers state
scope of the case
scope of the claim
sole issue
user of the portion of land
2nd february
abotche kponuglo
ali abubakar babandi gumel
appellants brief of argument
appellate court
considered ruling delivered 2nd february
decision of the high court of rivers state
defense of title
following terms
leading judgment
lead judgment of his lordship
learned counsel
learned trial judge
leave of the lower court
new issues
ohia okporo mgbuchi
order of perpetual injunction
possessory rights of the 1st set of defendants
sale of the said land
statement of defense
statement of facts
survey plan no. enl

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading judgment): This is an appeal against the ruling/decision of the High Court of Rivers State (hereinafter to be known as the trial/lower Court), coram Hon. Justice J. M. Kobani, J., delivered 2nd February, 2009.


The appellants who at the lower Court were the claimants had by their writ of summons issued 19th December, 2003 commenced this suit claiming the following 2 reliefs:

1. N50,000,000 damages for trespass in that on or about 2002 the defendants without any colour of right whatsoever or the authority, leave or license of the claimants entered the Ohia Oboi farmland of the claimants, cleared the same preparatory for building thereby altering the character and user of the portion of land.

2. A perpetual injunction against the defendants from committing further trespass on the said portion of Ohia Oboi of the claimants. (See page 2 of the record of appeal).

The 1st set of defendants who are herein the 1st set of r…

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