(2018) JELR 38783 (CA)    

Court of Appeal  ·  CA/C/232/2016 ·  24 May 2018 ·  Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA 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
identity of the land
record of appeal
learned trial judge
trial court
acts of ownership
statement of defence
iso ubo
mr. udo
learned counsel
village head
acts of long possession
case of the appellants
community liaison officer
dump site
land of the claimants
description of the land
evidence of both parties
identity of the subject matter of suit
land subject matter of suit
said issues
admission of the respondent
anyafulu vs meka
appellate jurisdiction of this court
arguments of the appellants
consent of the claimants
counsel mr. nwachukwu
crops of the claimants
dump site of top soil
farmers of ukana ikot eso village
final addresses of counsel
furtherance of the filed pleadings of the parties
hearing of the appeal
judgment sum
leading judgment
mkpinang vs ndem
notice of appeal
pleadings of the respondent
respect of an appeal
right of action
road construction contract
said ukana ikot eso village
trial courts of record
uncontroverted pleadings

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is in respect of an appeal against the decision of the High Court of Akwa Ibom State delivered on the 4th February, 2016 by ISANGEDIGHI J.

The Appellants who were farmers of Ukana Ikot Eso Village in Essien Udim Local Government Area of Akwa Ibom State, where the Respondent was then executing a road construction contract, alleged that the Respondent trespassed upon their farmland called Iso Ubo lying and situate in the said Ukana Ikot Eso Village and took out a writ of summons against the Respondent claiming as follows:

1. Fifty Million Naira (N50 Million) damages for trespass into the land of the Claimants by the Defendant in that the Defendant without the consent of the Claimants trespassed into the land of the Claimants known as ISO UBO and dumped evacuated topsoil and poisonous waste materials and continued in the trespass up till date.

2. An order directing the Defendant to evacuate the waste topsoil and …

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