(2018) JELR 38758 (CA)    

Court of Appeal  ·  CA/B/235/2014 ·  1 Jun 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
lower court
said land
survey plan
equitable interest
obi of owa
nwlr part
registrable instruments
trial court
29th day of october
declaration of title
part of the land
philomena mbua ekpe
preponderance of evidence
relevant documents
following issues
learned trial judge
possession of the land
arguments of both learned counsel
cases of oniah v. onyia
course of the respondents
depositions of certain witnesses
design subject of the relevant ground of appeal
error of law
exhibits p1 p4
facts of this case
failure of claimants vendor
further non-existent claims
grant of a statutory right of occupancy
hand lies
high court of delta state
issue a
judgment of the delta state high court
leading judgment
lower trial court
maker of the plan
moore aseimo abraham adumein
notice of appeal
parcel of land
particular point
property survey
respondent further claims
said decision
see ekiti state

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of the Delta State High Court sitting at Owa-Oyibu delivered on the 29th day of October, 2012 whereby the Court granted all the reliefs sought by Claimant for the land, the subject matter of the suit before the lower Court.

Dissatisfied with the said decision, the Appellant herein filed a notice of appeal on the 29th November, 2012. The facts of this case briefly stated are as follows:

The Respondent as claimant at the trial Court took out a writ of summons against the Appellant herein as Defendant claiming the reliefs as follows:

i) A declaration that the Plaintiff is entitled to the grant of a statutory right of Occupancy over the piece and parcel of land situate and lying off Eruemulor Street, Between Powerline and Efeizomor Street, Boji Boji, Owa measuring approximately 1515.351 Sq Metres and bounded by Beacon Pillars Nos. BDAB, 1751, BDAB.1753, BDAB. 1754 and BDAB.1755 in the proper…

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