(2002) JELR 44554 (CA)    

Court of Appeal  ·  CA/B/338/97 ·  16 Jan 2002 ·  Nigeria
BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
customary court
rem judicatam
high court
doctrine of estoppel
parcel of land
kamaro chachoro
plea of estoppel
central urhobo grade
suit no. hcg
ekeruche j.
learned trial judge
respect of the subject matter
set aside
approval of this honourable court
behalf of ekreze family
customary court of appeal ughelli
decisions of the various courts
gross abuse of court process
jeremi grade
order of perpetual injunction
orieruorho farm land
particular decision
statement of claim
band c
decision of both grade c
determination of this appeal
following orders
following paragraphs of the supporting affidavit
hearing of the case
honourable court
inherent jurisdiction of the honourable court
interlocutory appeal
leading judgment
legal practitioner of no.6 enerhen-effurun
paragraphs affidavit
procedure of this court briefs
ruling of the delta state high court
said judgment
subsisting judgment of the grade
suit civil appeal no.w
trial court
ughelli grade b customary court

BABA ALKALI BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal, against the ruling of the Delta State High Court, holden at Otu-Jeremi, in suit No. HCG/9/95, delivered on 20/11/97.

The respondents were the plaintiffs before the trial court where they instituted an action against the appellants who were the defendants, as per the endorsed writ of summons, claiming, jointly and severally as follows:-

"1. A declaration that the plaintiffs as owners in possession are the persons entitled to the statutory right of occupancy over all that piece or parcel of land called and referred to as Orieruorho farm land bounded by Udjugbo stream, Urhode stream and a confluence of both Udjugbo and Urhobo stream at the Orliuwhorun end of the land and on the fourth side by a fence and animal trap of one late Gege.

2. The sum of N10, 000,000.00 (Ten Million Naira) only being special and general damages suffered by the plaintiffs when sometime in 1993 the Defendants by themsel…

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