(2018) JELR 38693 (CA)    

Court of Appeal  ·  CA/B/240/2012 ·  4 Jun 2018 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
ukprude bush
statement of claim
parcel of land
learned trial judge
1st defendant
grounds of appeal
identity of the land
public interest
weight of evidence
records of appeal
circumstances of the case
different purpose
hearing of this appeal
notice of preliminary objection
respondents counsel
sole issue
survey plan of the land
appellant ought
evidence of the appellant
evidence of the plaintiff
oduavwoyan family land
part of ukprude bush
preponderance of evidence
acquisition of land
acquisition of plaintiffs land
amended statement of defense
appellants counsel
behalf of the parties
brief of argument
damages wherefore plaintiff claim
following reliefs
governor of bendel state
issue appellants counsel
judgment of the delta state high court
leading judgment
learned court
military governor of the defunct bendel state
notice of appeal
olaitan dairo
part of the respondents
plaintiffs 2nd
said land
ughelli patani road

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the Delta State High Court sitting at Ughelli Judicial Division, Coram: F. O. OHWO, J in suit No. UHC/2/2000 delivered on the 25-4-2012 wherein the Court delivered judgment against the Appellant who was the Plaintiff at the Court below.

By the Plaintiffs 2nd Amended Statement of Claim at paragraph 17 the Plaintiff claimed against the Respondents the following;

By the conduct of the Defendants, Plaintiff has suffered Damages wherefore Plaintiff claim the following reliefs against the Defendants;

1. A Declaration that the Plaintiffs are the persons entitled to the statutory right of occupancy and possession over all that piece or parcel of land known as Ukprude Bush, lying and situate and being at a point along Ughelli Patani Road, Ughelli excluding that parcel covering an Area of 8.134 Hectares acquired by the 1st Defendant. The land in dispute is bounded by Ogoviri (Oduavwoyan Family…

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