(2016) JELR 46467 (CA)    

Court of Appeal  ·  CA/C/351/2014 ·  8 Jul 2016 ·  Nigeria
CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
traditional evidence
evaluation of evidence
traditional history
imaginary scale
local government area
lower court
support of their case
trial judge
akamafe family land
learned trial judge
root of title
akamafe family members
awamuah family
cross river state
ekakankpolo farm road
learned appellant counsel
omini okon
original ownership
original title
parcel of land
statement of claim
state of the pleadings
abobili family lands
above pleading
acts of the respondents
akpasang land
appellant family land
appellants progenitor
credible evidence
evidence of both parties
facts of this case
following cases
harmonious reading of paragraphs
ikwo people of ebonyi state
judgment show
leading judgment
musa v. yarima
preponderance of credible evidence
respondent defendants
respondents progenitor
said judgment
said judgment of the lower court
such instances of the 2nd appellant
traditional administration of the 1st respondent

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment in suit No. HUG/32/2012 delivered by E. E. Ita J on the 13th day of June, 2014. The Learned trial Judge dismissed the Appellants' claim. Dissatisfied with the said Judgment, the Appellants have now filed this appeal challenging the said Judgment of the Lower Court.

At the Lower Court, the Appellants filed a Writ of Summons on the 1st November, 2012 and claimed against the Respondents as follows:

(a) A Declaration that the Appellants (Claimants) are entitled to the customary right of occupancy of all that parcel of land known as and called Akamafe Family Land lying and situates at Ekakankpolo Farm Road in Old Assiga Town in Yakurr Local Government Area which was reserved for Akamafe Family members, bounded in the North, Agric, South with Health Centre/Akpasang Land, East by the part of that same land demarcated and given to Awamuah Family, West, Ayeova/Abobili Family lands respectively.

(b) A…

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