(2018) JELR 38950 (CA)    

Court of Appeal  ·  CA/OW/197/2013 ·  6 Jun 2018 ·  Nigeria
MASSOUD ABDULRAHMAN OREDOLA 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
learned counsel
local government authority
necessary party
statement of claim
learned trial judge
aboh mbaise
declaration of title
lower court
ala isi eke nguru
appellants counsel
decision of the lower court
imo state
leading judgment
learned judge of the trial court
parcel of land
respondents cause of action
trial judge
abohmbaise local government authority
learned appellants counsel
own part
pieces of evidence
respondents case
said land
aboh mbaise local government area
abohmbaise local government council
above established procedures
above issues
ala isi eke aguru part
cases of nigeria ports authority plc
claim of the respondent
decision of the imo state high court
defence of the appellants
favour of plaintiffs
following facts
grant of the following reliefs
imo state limitation edict
local government area
local government area of imo state
oru isi eke nguru
own pleadings
plaintiffs action
plaintiffs survey plan no. mcc
proper order
respondents counsel
respondents family land
root of title

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal emanating from the decision of the Imo State High Court, sitting at Aboh Mbaise, Coram: Hon. Justice U. D. Ogwurike, J., (hereinafter referred to as the lower Court and learned trial judge respectively), wherein the learned trial judge entered judgment against the defendants/appellants (hereinafter referred to as the appellants) and ordered as follows:

In the final analysis, I hereby enter judgment in favour of plaintiffs against the defendants and order as follows:

(1) I hereby declare that the plaintiffs are entitled to the right of occupancy of that piece or parcel of land known as and called Ala Isi Eke Nguru lying and situate at Egberede Nguru in Aboh Mbaise Local Government Area of Imo State and shown and delineated in the plaintiffs Survey Plan No. MCC/IMD008/2004 Exhibit A.

(2) The defendants, their servants or agents are hereby restrained from entering, building and or continuing to build an…

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