(2001) JELR 44312 (CA)    

Court of Appeal  ·  CA/PH/70/95 ·  10 Jul 2001 ·  Nigeria
Other Citations
Opuzibau v. Kwokwo (2002) 1 NWLR (Pt 747)116
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
learned trial judge
opubou land
evidence of boundary witnesses
record inter alia
documentary evidence
evidence of other witnesses
nguasa land
proper evaluation of the evidence
record of appeal
trial court
view evidence of trespass
adjoining land
background facts of the case
court order
decision of the port harcourt high court
defendants claim title
evidence of traditional history of the parties
exclusive possession of the lands
exhibit d
following reliefs
following terms
further acts of trespass
further assertion of their ownership of the opubou
good starting point
leading judgment
learned counsel
leave of court
maximum acts of ownership
opubou creek
opubuo land
original statement of claim
parcel of lands
permission of the plaintiffs
principal issue
respective briefs of argument
respect of the opobou land
said land
said lands
said opubuo land
statement of claims
survey line
traditional evidence of the parties
virgin forest

NSOFOR J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the Port Harcourt High Court (F. F. Tabai, J.) in Suit No. YHC/6/82 on the 5th of May, 1994. The plaintiffs, herein respondents, had claimed against the appellants, qua defendants in the trial court, the following reliefs as per paragraph 11 of the statement of claims:-

"a declaration that the plaintiffs are entitled to a right of occupancy under Gbarain customary law to all that piece or parcel of lands known and called Opubuo land and the adjoining Nguasa land situate near the left bank of Taylor Creek in Gbarain clain as shown in the plan No. ECRS/17/78 plea with this statement.

The sum of Two thousand Naira (N2,000)being general damages for trespass in that the defendants between January and April, 1977 without the permission of the plaintiffs broke and entered the said Opubuo land and adjoining Nguasa land and destroyed several economic trees on the said land while tracing survey line across t…

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