UGOBO
V.
ETENG

(2018) JELR 38885 (CA)

Court of Appeal · CA/C/161/2014 · 24 May 2018 · Nigeria

CORAM

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

appeal

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

trial

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) …

UGOBO V. ETENG

UGOBO
V.
ETENG