SAMEK CONSTRUCTION CO. LTD
V.
EGEGE & ORS

(2018) JELR 38986 (CA)    

Court of Appeal  ·  CA/PH/121/2009(R) ·  18 May 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
law
defendants
respondents
appellant
error
learned counsel
grounds of appeal
learned presiding judge of the lower court
appellants grounds of appeal
issue
appeal
ground
learned trial judge
lower court
order
prima facie
reasonable ground of appeal
subject matter
1st day of march
6th day of november
incompetent grounds of appeal
respondents brief of argument
specific performance
20th day of june
above decision of the lower court
appellants case
appellants complaints
appellants issue
date 6th october
democratic party
favour of the respondents
further amended statement of claim
grant of the following reliefs
hectares of land
hon. justice t. u. uzokwe
independent national electoral commission
initial notice of appeal
judgment of the high court of abia state
motion notice
order of court
order of perpetual injunction
parcel of land
plaintiffs claim
plaintiffs suit
reasonable man finds
said ground
said notice of appeal
total sum of n1,706,666.80
trial judge
vague ground of appeal

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Lead Ruling): This appeal is against the judgment of the High Court of Abia State of Nigeria, coram: Hon. Justice T. U. Uzokwe, J. (hereinafter referred to as the lower Court and learned trial judge, respectively), delivered on the 20th day of June, 2005, wherein the learned trial judge dismissed the appellant/plaintiffs suit for being unmeritorious. The suit from where this appeal emanated was initiated by the appellant/plaintiff (hereinafter referred to as the appellant) wherein the appellant in its further amended statement of claim, sought for the grant of the following reliefs:

(i) A Declaration that the Plaintiff is entitled to the grant of the right of occupancy over all that piece or parcel of land shown on survey plan No. MG: 1329/77 dated 6th October, 1977 occupying approximately (8, 370 ocres) 3. 90 Hectares of land situate at Umuocham, Abayi, in the Obioma Ngwa Local Government Area of Abia State.

(ii) An order compelling t…

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