(2000) JELR 44039 (CA)    

Court of Appeal  ·  CA/E/197/88 ·  31 Jan 2000 ·  Nigeria
Other Citations
Ochin v. Ekpechi (2000) 1 NWLR (Pt.656)225
Ochin v. Ekpechi (2000) 5 NWLR (Pt. 656) 225
NIKI TOBI Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
grounds of appeal
exhibit h
evidence act
survey plan
amended statement of defence
evidence of d.w.1
learned trial judge ought
exhibit b.
lease of the land
sufficient evidence
suit no. e
absence of evidence
actual exhibit
additional grounds of appeal
case of the 1st defendant
case of the plaintiff
deed of lease exhibit b
evaluation of evidence
execution of exhibit b
exhibit h. counsel
findings of the trial judge
ipse dixit evidence of p.w.3
issue of onus of proof
judgments of native courts
land dispute
land registry
laws of eastern nigeria
lead evidence
leading judgment
mirror of plan no. ab
particular reference
plan no. fco
proper assessment of the evidence
said land
said plan
such document
such plan
survey law
totality of the evidence
trial court
usual method

TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of a piece of land near the Enugu airport. It is situate along Enugu - Abakaliki Road, Two suits were consolidated: Suits Nos. E/448/82 and E/84/83. Suit No. E/448/82 was field by the plaintiff on record. He is now the respondent. Suit No. E/84/83 was filed by the defendants on record. They are now the appellants. The learned trial Judge ordered the consolidation of the two suits on 31/10/84.

The case of the plaintiff as summarized by the learned trial Judge is that he was granted a lease of the land in dispute by the original owners that is, the Umuenwene Iji-Nike family. He took a surveyor to the land who surveyed it and produced plan No. FCO/P.1068/75 dated 1/2/76. He registered a conveyance at the Land Registry as No. 58 at page 58. Volume 834, which was admitted as Exhibit B. The plaintiff went into possession immediately after the execution of Exhibit B and exercised rights of ownership until December, 19…

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