UMOFFIA
V.
NDEM

(1973) JELR 46146 (SC)

Supreme Court · SC.341/1972 · 21 Dec 1973 · Nigeria
·

Other Citations

UMOFFIA v. NDEM (1973) 12 S.C. (REPRINT) 58

CORAM

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

plaintiff

land

defendant

dispute

title

evidence

document

possession of the land

instrument

learned trial judge

predecessors

statement of claim

pleadings

freehold estate

freehold property

high court

paragraphs

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

parties

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, …

UMOFFIA V. NDEM

UMOFFIA
V.
NDEM