(2014) JELR 40252 (CA)    

Court of Appeal  ·  CA/B/178/2012 ·  28 Jan 2014 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
inter alia
traditional history
declaration of title
learned trial judge
instant case
respective parties
claim of ownership of the land
statement of defence
cross examination
custom of umutu people
evidence of traditional history
judgment of the lower court
native laws
statement of claim
customary right of occupancy
suit no. hob
vexed judgment
15b ikpeteshi street
high chief george ezebor
idundun vs. okumagba
instant appeal
judgment of the high court of delta state
learned counsel
new house
parcels of land
said judgment
adjoining land
amended statement of defence of respondent
death of their father ossai-ugbah
enjoyment of the said land
eugene k. ossai esq
evidence of the respondent
leading judgment
ndukuba vs. izundu
orders of the court
paragraphs a
parcel of land
parcel of lands
political opinion
record of appeal
respective briefs of argument
said land
successive head of family

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the Judgment of the High Court of Delta State, holden at Obiaruku Judicial Division, which was delivered on March 6, 2012 in Suit No. HOB/6/2009. By the said Judgment, the lower court, coram the Hon. Justice MN Obi, dismissed the Appellant's claim and granted the Respondent's counter claim, to the effect that the Respondent was entitled to a customary Right of Occupancy over the parcel of lands known as Nos. 15A and 15B Ikpeteshi Street, Umutu, and perpetual injunction against the Appellants.

By the Writ of Summons and Amended Statement of claim thereof, dated 07/6/10, the Appellants sought against the Respondent the following reliefs -

i. A declaration that the Plaintiffs are under the native laws and custom of Umutu people, entitled to a customary Right of Occupancy over all that parcel of land known as and called No. 15 Ikpeteshi Street, Umutu.

ii. N1, 200,000.00 (One million and…

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