(2018) JELR 39163 (CA)    

Court of Appeal  ·  CA/AK/108/2016 ·  1 Mar 2018 ·  Nigeria
UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria RIDWAN MAIWADA ABDULLAHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
chief judge
hon. justice n. s. adeyanju
trial judge
15th june
adeyanju j.
hon. justice p. o. ikujuni
lower court
sole issue
contention of counsel
said application
administrative powers of the chief judge
leading judgment
3rd june
administrative rights of transfer
chief judge of ondo state
concurrent jurisdiction
disputed land
fiat of the hon. chief judge
general rule
high court law
huge cost
instant appeal
june 3rd
learned chief judge
learned counsel
mere irregularity
notice of appeal
obande festus ogbuinya
office of the chief registrar
order of court
order of court permitting
respective brief of arguments
ridwan maiwada abdullahi
right of appeal
rules of court
ruling of the high court of ondo state
said dispute survey plan
sole ground of appeal
stage of the proceedings
subsequent directive of the chief judge
uzo ifeyinwa ndukwe-anyanwu

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Ondo State in Suit No. HOW/10/2013 delivered by Hon. Justice N. S. Adeyanju on 3rd and 15th June, 2015 respectively.

The facts briefly stated are as follows:

By a writ of summons filed on the 6th May, 2013 the Respondents as Claimants commenced this action at the lower Court before Hon. Justice P. O. Ikujuni against the Appellants as Defendants. Pleadings were filed and exchanged by both parties. After the close of pleading the matter proceeded to trial. During the trial, the Respondents filed an application dated November 6, 2014 seeking the following reliefs:

1. AN ORDER OF COURT permitting and/or allowing the Claimants/Applicants surveyor to carry out the dispute survey plan on the disputed land in this case without any molestation, embarrassment, threat to life, disturbance, hindrance and/or blockage by the Defendants.

2. AN ORDER OF COURT directing the Area …

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