(2018) JELR 38929 (CA)    

Court of Appeal  ·  CA/OW/80/2014 ·  14 Jun 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 ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
exhibit b
power of attorney
mgbegwu land
exhibit e
trial court
entire land
exhibit f
survey plan
1st defendant
cross examination
learned trial judge
preponderance of evidence
said survey plan
2nd defendant
entire interest
exhibits e
lower court
mr. eze ogidi onwuneme
said land
sum of n590,000.00
survey plan no. mg2
100ft plot
above decision appellants
addresses of counsel
claimants enjoyment of the said land
consideration of the evidence
decision of the abia state high court
dr. a.k. amah
dr. akuma amah
feet of their mgbegwu land
hon. justice a.u. kalu
inconsistent dates of execution
jurisdiction of the court
mgbegwu land dispute
mgbegwu ukwugyara
parcel of land
present case
production of document of title
said power of attorney
said transaction
sale of the land
suit no. hu
terms of the exhibit b.
title document of the claimant
valid title documents

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): Appellants filed this Appeal against the decision of the Abia State High Court in Suit No. HU/122/2010, delivered on 19/2/2013 by Hon. Justice A.U. Kalu, wherein the Learned Trial Judge gave judgment to the Claimant (now Respondent).

The Claim at the Lower Court was for:

(a) A declaration that the Claimant is entitled to the Statutory right of Occupancy of the piece or parcel of land traditionally known as and called Mgbegwu Ukwugyara being and situate at Umuana Ndume Ibeku, Umuahia North LGA of Abia State, within the jurisdiction of the Court.

(b) N1,000,000.00 (One Million Naira), being general damages for trespass on the said land by the Defendants.

(c) Injunction permanently restraining the Defendants, their privies, servants, agents and or workers from entering into the land in dispute and or in any manner whatsoever interfering with the Claimants enjoyment of the said land.

At the end of the pleadings, and consideration of th…

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