(2000) JELR 44155 (CA)    

Court of Appeal  ·  CA/PH/83/90 ·  15 Jun 2000 ·  Nigeria
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned counsel
first time
adjacent land
constitution of the federal republic of nigeria
credible evidence
owner of the land
ownership of the land
traditional evidence
traditional history
trial judge
alleged acts of possession
amended brief of argument
brief of argument
customary right of occupancy of the land
declaration of customary right of occupancy
disputed land
effect of the oath
evidence of chief alete
facts of the present case
findings of fact
further acts of trespass
high court of rivers state
james ogenyi ogebe
judgment of the learned trial judge
land dispute
leading judgment
member of the appellants
michael eyaruoma akpiroroh
order of this court
overall chief of agba ndele
piece of land
reason of provision of section
rejection of the evidence of owho holders
second issue
statement of claim
such findings of fact
sylvanus adiewere nsofor
town hall
various acts of ownership
violation of some principles of law
wrong decision

JAMES OGENYI OGEBE, J.C.A (Delivering the Leading Judgment): The respondents sued the appellants in the High Court of Rivers State holding at Ahoada for a declaration of customary right of occupancy to a piece of land known and called "El Aga osumini', trespass and perpetual injunction restraining the appellants from further acts of trespass on the land. The respondents amended their statement of claim and the appellants filed a statement of defence which was never amended. The respondents based their claim on the land on traditional history and various acts of ownership.

The appellants denied the alleged acts of possession by the respondents and claimed ownership of the land.

The respondents called 6 witnesses including a licensed surveyor to establish their claim.

The appellants called 7 witnesses in aid of their defence.

The traditional history given by either side could not conclusively prove the ownership of the land and the trial court had to resort to acts of recent ownership t…

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