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MISS ESTHER KALU KORIE v. MRS. GOODNESS IFENKWE

(2018) LPELR-44987(CA)

In The Court of Appeal of Nigeria

On Thursday, the 12th day of July, 2018

CA/OW/332/2014


Before Their Lordships

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria


Between

MISS ESTHER KALU KORIE - Appellant(s)

AND

MRS. GOODNESS IFENKWE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Declaration of Title to Land.
FACTS:
This appeal is against the judgment of Abia State High Court in Suit No. HU/70/2012, delivered on 15/4/2014, by HON. JUSTICE L. ABAI.


At the trial Court, the Plaintiff/Appellant had sought certain declaratory and Injunctive reliefs. After hearing the case and considering the evidence and address of counsel, the trial Court delivered judgment in favour of the Respondent.

Aggrieved by the decision, the Appellant brought this appeal.

ISSUES:
The Court determined the appeal on the following issues:
(1) Whether the trial Judge was right to invalidate the statutory right of occupancy which Appellant relied on to prove her claim, in the face of the evidence adduced.
(2) Whether the trial Court was right to refuse Appellant's claim, saying that she did not fight in representative capacity; whereas, she was not the sole beneficial owner.
(3) Whether the trial Court was right to grant injunctive orders to the Respondent even after refusing her relief A - relating to title to the land in the name of Nwachukwu Ifenkwu from who she claimed the land.
(4) Whether Appellant had proved his claim, in the light of the evidence, particularly Exhibits K, K1, L and L1.

DECISION/HELD:
In the final analysis, the appeal succeeded and was allowed. Consequently, the decision of the trial Court was set aside and the Court entered Judgment for the Appellant in the Suit No. HU/70/2012.


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