(2018) JELR 39133 (CA)    

Court of Appeal  ·  CA/C/372/2014 ·  29 Jan 2018 ·  Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
2nd respondent
trial court
joshua ekpenyong
appellants claim
said joshua ekpenyong
wrong person
1st defendant
2nd defendant
adjacent land
appellant nsemeke daniel esq
disputed land
felix etim udoh esq
late father
learned trial judge
life time
ndon enen udofia
owner of the land
rachael joshua ekpenyong
said land
suit no. hu
acts of long possession
case of the 1st respondent
chioma egondu nwosu-iheme
circumstances of this case
constitutional right of appeal
cross examination
entire ndon enen udofia land
father of the donor of the power
father of the said rachael
half brother of the appellant
joseph olubunmi kayode oyewole
leading judgment
native oath
only defendant
order of court
portion of land
portion of the said land
said joshua
share of family property
simple reason
summary of facts
uninterrupted possession of the said land
younger brother of the 1st respondent

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal as plaintiff at the trial Court claimed against the Respondents as Defendants as follows:

1. A Declaration that the Plaintiff is entitled to the portion of land known as NDON ENEN UDOFIA situate and being at UDOEKONG AKPABIO STREET, ANUA OBIO, UYO.

2. An order of Court restraining the Defendant either by himself, agent, assigns, privies or hirelings from trespassing into the said land.

3. The sum of N141,000 as special damages.

4. The sum of N5,000,000 (FIVE MILLION NAIRA) damages for trespass.

In a considered judgment delivered by Justice Philomena S. Etim of the Uyo Division of the Akwa Ibom State High Court in Suit No. HU/210/2008 delivered on the 16th of May, 2014, the Learned Trial Judge dismissed the Appellants claim in its entirety. Exercising his constitutional right of appeal, the Appellant filed a Notice of Appeal on the 10th day of June, 2014 with Omnibus Grounds of appeal and subse…

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