(1997) JELR 45498 (CA)    

Court of Appeal  ·  CA/PH/213/94 ·  8 Jul 1997 ·  Nigeria
Other Citations
Okwara v. Okwara (1997) 11 NWLR (Pt.527)
Okwara v. Okwara (1997) 11 NWLR (Pt. 527) 160
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
leave of the high court of imo state
identity of the land
claims of the appellants
only issue
exhibit c.
leave of court
b y onalaja
importance of the identity of the land
record of appeal
lower court
said plaintiffs plan
leave of this court appellant
leading judgment
rule of law
entire issues
survey plan of the appellants
claim appellant
survey plans exhibits
evidence of traditional history of the land
failure of the trial court
customary right of occupancy
trial court
location of the land
particulars of the writ of summons
close look
summary of the testimonies of appellant
fair hearing
amended statement of claim
practice of this court appellant
trial judge
brief of argument
subject matter of customary grant
grounds of appeal
plaintiff claims
aforesaid states
judgment covers pages
n300.00 costs
appeal court
portion of the said ala duruigbo
plan exhibits
fundamental issue
testimonies of the parties
only issues
much ado
much force

ONALAJ A, J.C.A.: (Delivering the Leading Judgment): Plaintiff now appellant in this appeal commenced the action in a representative capacity with the leave of the High Court of Imo State holden at Orlu Judicial Division Orlu for himself and on behalf of the other members of Okwara Family of Umueze Abukwa Umuobom against the defendants in a representative capacity for themselves and on behalf of the other members of Okwara Family of Durueze Abukwa Umuobom. The defendants are hereinafter referred to in this judgment as the respondents.

The claims of the appellants are discernable in paragraph 30 of the amended statement of claim at page 106 of the record of appeal. This paragraph is adopted following the rule of law that in our civil jurisprudence a statement of claim supersedes the particulars of the writ of summons especially that the averments in the statement of claim must not be in conflict or contradict the particulars of claim endorsed in the writ of summons. Paragraph 30 afores…

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