(2018) JELR 38711 (CA)    

Court of Appeal  ·  CA/B/85/2016 ·  5 Jul 2018 ·  Nigeria
SAMUEL CHUKWUDUMEBI OSEJI 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
akoko edo local government council
learned trial judge
statement of claim
grounds of appeal
igarra community
learned trial court
exhibit e
parcel of land
royal family of igarra
said parcel of land
following cases
said market
third party
akoko edo divisional council
appellants brief of argument
circumstances of this case
e new nigeria bank plc
following reliefs
land registry
land subject matter of this suit
local government area of edo state
purported deed of conveyance
said judgment
additional ground of appeal
appellants files
behalf of ezionobo family
branch of the bank
eziakuta families of igarra
judgment of the high court of edo state
learned trail judge
notice of appeal
olodo vs. josiah
ors vs. godwin wuche
part of a large expanse of land
principal member of the respondents family
purpose of limitation period
representatives of ezionobo branch of the eshinavaka family
respective briefs of argument
said igarra branch of the bank
statement of oath of the witnesses
such meeting
surrender possession of the said property
use of the said land
wrongful acquisition of the land

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State sitting at Igarra and delivered by M.O. Ighodalo J., on the 25th day of November, 2015, wherein the said judgment was entered in favour of the claimant (now Respondent).

The Respondent herein had as claimant, instituted an action in a representative capacity via a writ of summons filed together with a statement of claim on the 24/4/2011 against the defendant (now Appellant). In paragraph 18 of the Further Amended Statement of Claim subsequently filed on 21/9/2012, the Respondent sought the following reliefs against the Appellant.

(i) A declaration that the purported Deed of Conveyance dated 16th December, 1997 (or 1977) and registered as No. 3 at page 3 in volume 533 at the Land Registry in Benin City whereby Akoko Edo Local Government Council allegedly conveyed the land subject matter of this suit to the defendants predecessor-in-title (i.e New Nige…

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