UDEAJA
V.
NWOSU

(2002) JELR 57818 (CA)    

Court of Appeal  ·  CA/E/27/2001 ·  11 Feb 2002 ·  Nigeria
CORAM
EUGENE CHUKWUEMEKA UBAEZONU, JCA (Presided) SULE AREMU OLAGUNJU, JCA (Read the Lead Judgment) MUSA DATTIJO MUHAMMAD, JCA
Core Terms Beta
action
learned trial judge
court
respondent
respondent’s father
claim
appellant’s action
originating summons
writ of summons
issues
supreme court
trial court
declaration of title
learned counsel
defendant’s late father
legal arguments
perpetual injunction
piece of land
rules of the trial court
supreme court of nigeria
action being of contentious nature
appeal no. sc
application of the judgment of the supreme court
attorney-general of the western region
centre of the appellant
constitutional right of the person
decision of the trial court
earlier court action
elementary legal maxim
general of western nigeria
good care
justice of the case
latter part of the claim
lead judgment
long line of judicial authorities
nnewi judicial division of the anambra state high court
nnewi judicial division of the high court
order of forfeiture of the land
parcel of land
part of the building
possession of the appellant
proposition of the law
rule of construction of statute
scope of the first
set principle
small portion of the parcel of land
subject of an earlier court action
sub-rule
use of the said land

OLAGUNJU, JCA (Delivering the Lead Judgment): The appeal isagainst the ruling of Ononiba, J., of the Nnewi Judicial Division of the Anambra State High Court dismissing the plaintiff/appellant’s action on a preliminary objection by the defendant/respondent that the action being a dispute about right over a piece of land and, therefore, potentially contentious it was wrong to have commenced the action with an originating summons.

At the centre of the appellant’s claim at the court below is a parcel of land that was the subject of an earlier court action between the respondent’s father and the appellant at the same Nnewi Judicial Division of the High Court which granted a small portion of the parcel of land to the respondent’s father but refused his claim over the larger portion of the land in possessionof the appellant. The decision of the trial court was on appeal affirmed by this court and eventually by the Supreme Court in its decision in Appeal No. SC. 154/1987 delivered on 26/1/90…

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