(1973) JELR 46146 (SC)    

Supreme Court  ·  SC.341/1972 ·  21 Dec 1973 ·  Nigeria
Other Citations
UMOFFIA v. NDEM (1973) 12 S.C. (REPRINT) 58
UDO UDOMA Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
possession of the land
learned trial judge
statement of claim
freehold estate
freehold property
high court
amorphous document
calabar urban district council
eastern nigeria
efut combined council
grant of the land
muri of efut
payment of a lump sum of money
plot of land
course of her testimony
deed of grant
dominion flour mills limited
following terms
following words
land instruments registration law cap
land registry
laws of the former eastern nigeria
leading judgment
learned counsel
lease of the plot of land
mr. okon e. eyo
north west
number of grounds
oral evidence of the grant of the land
plan no. eps
plan of a concrete building
point of law
recovery of possession of a piece
review of the whole of the evidence
sisters madam efiom ene
suit no. c
title of the plaintiff
udo udoma

UDO UDOMA, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court of South Eastern State holden at Calabar. In Suit No. C/49/1969 the plaintiff, herein respondent, claimed against the defendant also, herein appellant, "recovery of possession of a piece of land at No. 35 Webber Street, Calabar." Throughout this judgment, the terms "plaintiff" and "defendant" respectively will be retained wherever applicable.

Pleadings were ordered and duly filed and delivered.

As our decision in this appeal must, of necessity, turn on the pleadings in relation to the evidence led and considered by the learned trial Judge, we consider it necessary to set out in some detail certain parts of the pleadings which were filed and relied upon by both the plaintiff and the defendant. For this purpose we consider only paragraphs 1, 2, 3, 5 and 7 of the statement of claim and paragraphs 3, 4, 5 and 9 of the statement of defence relevant and sufficient.

In paragraphs 1, 2, …

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login