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(2018) LPELR-44262(CA)

In The Court of Appeal of Nigeria

On Friday, the 20th day of April, 2018


Before Their Lordships

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria


CHIEF G. O. J. UZOIJE - Appellant(s)


MR. BEN UZOCHUKWU - Respondent(s)

Other Citations

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This appeal borders on Land Law.
This is an appeal against the judgment of Hon. Justice Ijeoma Offonry, J. of the High Court of Abia State, sitting at Aba.

The suit was initiated by the plaintiff/appellant vide a writ of summons and statement of claim wherein appellant sought the following reliefs:

"(1) N2 Million damages (Two Million Naira) only for trespass to the piece of land situate at No. 1 Eziama High School Road, Eziama in the Aba North Local Government Area.

(2) Perpetual Injunction restraining the defendant by himself, his agents and/or servants or privies from further trespass to the said land."

In his bid to prove his case, the appellant called one witness (expert witness) in addition to himself. The defendant/respondent filed his statement of defence.. He also called a sole witness in addition to himself in denial and defence of the case. The case later progressed to hearing, wherein the parties gave evidence in proof and defence of their respective cases. Appellant pleaded and led evidence to establish the fact that he is the owner of a certain piece or parcel of land situate at No. 1, Eziama High School Road, Aba, Abia State (hereinafter referred to as the land in dispute). He also tendered a survey plan [Exhibit A] that showed the dimension of the land. He asserted that the respondent who was his boundary neighbour, went beyond his land and encroached upon his land whereupon he erected a wall fence and some structures thereon. The respondent on his own part stated that he did not encroach or trespass on the appellant's land, but merely raised the appellant's fence, which is the boundary between his own land and that of the appellant, higher for proper demarcation.

The learned trial judge dismissed the appellant's case and awarded costs in the sum of N3,000 against him. Not pleased, appellant appealed to the Court of Appeal.

The sole issue for determination in the appeal is:
"Whether the Plaintiff (now Appellant) proved his case against the Defendant."

In conclusion, the appeal was dismissed.

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