(2002) JELR 44429 (CA)    

Court of Appeal  ·  CA/PH/125/95 ·  16 May 2002 ·  Nigeria
Other Citations
Ohiara v. Ohiara (2002) 16 NWLR (Pt.794)607
Ohiara v. Ohiara (2002) 16 NWLR (Pt. 794) 607
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
parcels of land
3rd defendant
2nd defendant
bride price
learned trial judge
trial judge
exhibit e
miscarriage of justice
josiah ohiara
abia states
due respect
members of the family
old imo state
sole defendant
4th defendants
agreement of the chief judges of imo
chief judges
delay of the learned trial judge
disputed areas
elder brother of the full blood
final addresses of counsel
good number of names
high court of the old imo state
josiah ohiara 1st defendant
judge of imo state high court
judgment of the lower court
late father
leading judgment
mr. j. a. uba
number of other documents
order of the trial judge counsel
real sense
record of proceeding
record shows
said exhibit e
said paragraph
said suit no. ma
sons of his father
such interference

IKONGBEH, J.C.A. (Delivering the Leading Judgment): The 2nd defendant before the High Court of the old Imo State, has brought this appeal. He was not a party to the action that gave rise to this appeal at the commencement of that action. The respondent, as plaintiff, had brought the action against the 1st defendant as the sole defendant.

The appellant and two other persons were, on their application, joined as 2nd - 4th defendants after the plaintiff/ respondent had concluded his evidence-in-chief.

The plaintiff's/respondent's claim was for a declaration of title to certain parcels of land, damages for trespass to the parcels of land, and perpetual injunction restraining the defendant from further trespass to them. His case against the 1st defendant, who was his elder brother of the full blood, was that the parcels of land constituted his (plaintiff's) share of the many parcels of land owned by their late father, Ohiaraumunna, after same had been shared out between the 1st defendant a…

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