(2018) JELR 38733 (CA)    

Court of Appeal  ·  CA/OW/19/2012 ·  5 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 TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
2nd defendant
general damages
trial court
lower court
special damages
learned trial judge
suit no. hon
ala uzo ohia
award of n4,000,000.00
sum of n5,000,000.00
amended statement of claim
award of general damages
deceased claimant
notice of appeal
1st arm of his claim
1st defendant claim
1st defendant claims n5,000,000 damages
alternative claim
alternative n5,000,000.00 damages
appeal court
appellants brief of argument
briefs of argument
circumstances of the case
claimants counsel
claim right of occupancy
continuing trespass of the 1st defendant
counsel p. u. nnodum esq
decision of imo state high court
family land
following terms
fraudulent breach of sale of the said land
grant of reliefs
learned trial court
leave of court
order of court
original plaintiff
para h p.
parcel of land
payment of the award
respect of the appeal of the 2nd defendant
special damages of n3,000,000.00
survey work
trial judge

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the 2nd defendant/appellant against the decision of Imo State High Court sitting at Nkwerre Judicial Division in consolidated Suit No. HON/6/99 and HON/8/2000 delivered on 14/10/2010.

The original plaintiff in the consolidated Suit was Sunday Okanu. This was in respect of HON/6/99. He instituted the action against his senior brother and claimed as follows:

(a) Declaration that ALA UZO OHIA situate at Okwu village Nkwerre in the Nkwerre L.G.A. in a family land, jointly inherited by the 2nd defendant and plaintiff who are brothers of full blood, from their father.

(b) Declaration that the plaintiff and the 2nd defendant are jointly entitled to the statutory right in respect of the piece or parcel of land known as ALA UZO OHIA situate at Okwu village in Nkwerre L.G.A. of Imo State within jurisdiction.

(c) Declaration for the purported sale of the said land ALA UZO OHIA by the 2n…

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