CORAM
A.B. WALI
A.I. IGUH
PARTIES
DANIEL IGWE UCHE APPELLANTS
JONAH EKE JOHN EKE NDUKWESUNDAY EKPEM RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/appellant entered into a registered lease 1960, which he acquires with one Owo Ajonkwu Awele who died soon after the lease was executed. He (plaintiff) later acquired the portion of Owo Ajonkwu Awele, registered it and went into possession. After plotting the land he sold some plots to various individuals who built on it. About 1981, without his leave, licence or consent, the first defendant broke and entered the vacant undeveloped portion of the land in dispute.
HELD
The appeal was dismissed.
ISSUES
1. Whether the learned trial Judge and the learned Justice of Appeal who wrote the lead judgment concurred in by the other Justices did not totally misconceive the case put before them by the parties and thereby came to a wrong decision. 2. Whether the learned Justices of the Court of Appeal did not misdirect themselves when they dismissed the appeal having regard to the weight of evidence before the trial court.
RATIONES DECIDENDI
CASES CITED
1. Ezewani v. Onwordi (1986)4 NWLR (Pt.33) 27|2. Sodipo v. Lemminkainen O. Y. (1985) 2 NWLR (Pt.8) 547|3. Owoade v. Omitola (1988) 2 NWLR (Pt.77) 413|4. Adimora v. Ajufo (1988) 3 NWLR (Pt.80) 1|5. Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745., (Pt.77) 445
STATUTES REFERRED TO
None.|
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