(2018) JELR 38885 (CA)    

Court of Appeal  ·  CA/C/161/2014 ·  24 May 2018 ·  Nigeria
CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
judicial proceeding
trial judge
adverse party
learned counsel
learned trial judge
amount of delay
mr. osim
provisions of section
trial court
defunct evidence act
evidence of the parties
later stage
lower trial court
record of appeal
subsequent judicial proceeding
sufficient evidence
criminal trial
customary right of occupancy
evidence of pw1
mr. akpama
notice of appeal
perusal of the evidence of the parties
present proceedings
20th day of february
appellate jurisdiction of this court
arguments of the appellant
circumstances of this case
family head of their akugom
father of the respondent
high court of cross river state
ita j.
late father
lead counsel
leading judgment
learned lead counsel
mere fact
number of judges
only witness
paternal family of afrekpe ekori
proceedings of 28th october
relevant documents
relevant portion of the said proceedings
said issues
shanu vs afribank
testimonies of witnesses
totality of the evidence
true copies of the testimonies of these witnesses
ugep judicial division

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Ugep Judicial Division delivered on the 20th day of February, 2014 by ITA J.

The Appellant who had succeeded his elder brother and father of the Respondent as the Family Head of their Akugom 1 Paternal Family of Afrekpe Ekori in Yakurr Local Government Area of Cross River State had a dispute with the Respondent, his nephew over the latters efforts to take over land said to have belonged to his late father personally but which the Appellant felt was property of the Family which dispute culminated in the writ of summons dated 15th April, 2003. The reliefs sought by the Appellant can be gleaned from the Further Amended Statement of Claim on pages 17-20 of the record of appeal, to wit:

(i) A declaration that Plaintiff is entitled to customary right of occupancy over the parcels of farmlands, the subject matter of this action.

(ii) …

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