(2018) JELR 38846 (CA)    

Court of Appeal  ·  CA/B/3/2010 ·  31 May 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
registrar of the lower court
record of appeal
additional records
appellate court
lower court
record books
determination of this appeal
hearing of the appeal
parcel of land
trial court
order of retrial
26th day of october
additional records of appeal
burnt documents
competence of this court
fire incident
honourable court
rules of this court
2nd appellant
above reasons
amended notice of appeal
appellants brief of argument
appellants evidence of ownership
appropriate case
best option
briefs of argument
courts decision
days of the file of notice
evidence of respondents witnesses
hearing of the matter
incomplete record of proceedings
index portion of the record of appeal
judgment of the high court of edo state
lack of a complete record
learned trial judges failure
missing documents
notice of appeal
order of permanent injunction
peaceable enjoyment of a piece of land
positive result
said piece of land
statement of claim
substantial part of the record
view of the material incompleteness of the trial courts record

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State sitting in Benin City and delivered by C.A.R. Momoh C. J. on the 26th day of October 2004 wherein the reliefs sought by the plaintiff (now Respondent) were granted.

The facts that led to the suit in the trial Court was the complaint by the Respondent herein that he had been in quiet and peaceable enjoyment of a piece of land which he bought from one Itula Une in the year 1962 until 1985 when the Appellants allegedly trespassed on the said piece of land claiming to be the rightful owners.

The Respondent then as plaintiff and by a writ of summons dated 31/5/2002 and a further, further amended statement of claim dated 6/12/2002 claimed against the Appellants as defendants as follows:-

Whereof the plaintiff claims against the defendant as per the writ of Summons as follows:-

1. A declaration that the plaintiff is entitled to a statutory right of occupancy in …

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