Customer Support

OMINI
V.
ENO

(2018) JELR 39300 (CA)

Court of Appeal 13 Mar 2018 Nigeria
BriefBot icon

BriefBot Summary

Free

- This case is an appeal against a judgment of the High Court of Cross River State, Ugep Judicial Division, in a suit regarding ownership of farm lands. - The Court below dismissed the Appellant's claim on the ground of lack of locus standi

Case Details

Suit Number:CA/C/249/2013
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
Counsel:EFA OTU OKA, ESQ. For Appellant S. U. EWA, ESQ. For Respondent

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is consequent upon the judgment of the High Court of Cross River State, Ugep Judicial Division, delivered on April 17, 2013 in Suit No: HUG/48/97. By the decision in question, the Court below Coram: Michael Edem, J; (now CJ), dismissed the Appellants claim on ground of lack of locus standi. The Respondents counter claim was equally dismissed by the Court below on ground of lack of merits.

BACKGROUND FACTS

The facts and circumstances surrounding the suit could be gleaned from the record of appeal. On 24/10/97, the Appellant filed the said suit in the Court below vide a writ of summons. By the Further Further Amended Statement of Claim thereof, filed on 27/01/2011, the Appellant claimed against the Respondent the following reliefs:

1) A declaration that the farm lands, the subject of this suit, are communally owned by the Plaintiffs paternal family who are entitled to the statutory right of occupanc…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.