(2018) JELR 38717 (CA)    

Court of Appeal  ·  CA/B/337/2016 ·  8 Jun 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
legal practitioner
high court of delta state
supreme court
trial court
lower court
notice of appeal
appellants counterclaim
civil procedure
suit no. a
issue of jurisdiction
learned counsel
originating process
inter alia
learned trial judge
nigerian national petroleum corporation
perpetual injunction
respondents claim
said suit
statement of defence
alhaji umaru abba tukur v
combined effect of exhibits c3
complete agreement
due process of law
elementary principle of law
failure of the respondents solicitor
government of gongola state
grant of a statutory certificate of occupancy
isaiah samuel
leading judgment
lower court of jurisdiction
mere typing of a name
mr. c.o. erondu
parcel of land
philomena mbua ekpe
reserved judgment
respondents claims
sake of emphasis
statement of claim
subject matter of the case
sum of n5,000,000.00
umu-obi okonya family layout

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The respondents were the claimants in Suit No. A/129/2011 instituted in the High Court of Delta State, holden at Asaba. The appellant was the defendant in the said suit. In their amended statement of claim, the respondents claimed for:

(a) A declaration that the claimants are the persons entitled to the grant of a statutory certificate of occupancy over the piece or parcel of land measuring approximately 100 feet x 100 feet which is plot 1 in Umu-Obi Okonya family layout lying and situate at Umuekwo village, Umuaji Quarters, Asaba and more clearly shown in Plan Number FLAS/DT/39/98.

(b) The sum of N5,000,000.00 (Five Million Naira) only being general damages for trespass.

(c) Perpetual injunction restraining the defendant, by himself, his servants, agents or privies from further committing acts of trespass on the land in dispute or remaining on or occupying same.

The appellant filed a statement of defence and counterc…

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