UGBOMAH
V.
ALLANAH & ORS

(2018) JELR 38717 (CA)

Court of Appeal · CA/B/337/2016 · 8 Jun 2018 · Nigeria

CORAM

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

counsel

respondents

case

jurisdiction

writ of summons

legal practitioner

writ

law

issues

appeal

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…

UGBOMAH V. ALLANAH & ORS

UGBOMAH
V.
ALLANAH & ORS