(2007) JELR 45788 (CA)    

Court of Appeal  ·  CA/E/150/2003 ·  29 Mar 2007 ·  Nigeria
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
final addresses
miscarriage of justice
parcel of land
conclusion of evidence
constitution of the federal republic of nigeria
learned counsel
failure of the learned trial judge
hearing of the case
serious breach of the principle of fair hearing
ugbene nike
umuenwene iji nike community
above reasons
absence of addresses of counsel
addresses of counsel
annual rental value
beneficial effect
case of obodo v
circumstances of the case
clear mental opinion
course of argument of this appeal
effect of the denial of a party
enugu east
enugu high court
final analysis
holder of a statutory right of occupancy
jimi olukayode bada
land registry
leading judgment
local government area
lower court
obaski jsc
part of the aforesaid piece
preview of the lead judgment
raphael olufemi rowland
statutory right of occupancy
superior courts
totality of evidence
trial court
trial judge agbata j.
union bank of nigeria ltd. v

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The plaintiff/respondent's claim against the defendant/appellant before Enugu High Court is (1) for a declaration that the plaintiff/respondent is entitled to a statutory right of occupancy over a piece or parcel of land situate at Ugbene Nike, in Enugu East Local Government Area within jurisdiction which is registered as No. 61 at page 61 in volume 836 of the Land Registry, Enugu; the annual rental value is N500.00.

(2) The defendant/appellant recently went into part of the aforesaid piece or parcel of land without the consent and or permission of the plaintiff/respondent, uprooted the crops and destroyed other plants thereon.

(3) N2,000.00 damages for trespass.

(4) Injunction restraining the defendant/appellant, his servants, agents, privies and/or proxies from further acts of interference, obstruction, and/or trespass with or disturbing the plaintiff/respondent's use and enjoyment of the said land.

On 17/2/2000 the ap…

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