(2018) JELR 38705 (CA)    

Court of Appeal  ·  CA/OW/151/2013 ·  12 Jul 2018 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
ama olua land
learned trial judge
parcel of land
lower court
plaintiffs father
father of the defendants
counter claim
ama olua
defendants father
said piece
statement of defence
cross examination
portion of the land
credible evidence
father of the respondents
local government area
umuihie ohokobe mbaocha ndume ibeku
jeremiah okwuegbulem ogbenna
particulars of claim of the respondents
possession of the said land
umuihie okonko society
abia state high court holden
adjacent land
better title
cocoa store houses
defendants father build
earlier grant of portions of this land
gift inter vivos of amuoluo land
initiator of the case
members of the families of umumbiwe
members of umuihie family
names of other managers
oath of the witnesses
own claim
parts of the land
pertinent issues
portion of the above piece
property of ogbonna oluo of umuijah compound
said ama oluo
said father of the plaintiffs
small portion of land
subject matter of the case
traditional evidence of their root of title
traditional history of the said land
trial judge
trial of the case
wife of the said william ezeigbo kanu

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 26/9/2012 by the Abia State High Court holden in the Aba Judicial Division presided over by Hon. T.U. Uzokwe (hereafter to be simply referred to as the lower Court and learned trial Judge respectively).

The writ of summons by which the action was instituted is on pages 1 3 of the record. Therein, the claim and particulars of claim of the Respondents as the initiator of the case read thus: -

Plaintiffs claim jointly and severally against the defendants as follows: -

i. A Declaration that the plaintiffs are entitled to the statutory right of occupancy to the piece or parcel of land known as and called AMA OLUA situate at Umuihie Ohokobe Mbaocha Ndume Ibeku, Umuahia North Local Government Area whose annual rental value is not less than N5 (five naira) within the jurisdiction of this honourable Court.

ii. An Order directing the defendants, their servants and or agents to st…

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