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(2021) JELR 109580 (CA)

Court of Appeal  •  CA/AS/322/2019  •  24 Sep 2021  •  Nigeria

Mohammed Ambi-Usi Danjuma, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA


JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): The appeal, the subject of this judgment, is against the decision of the High Court of Delta State, Warri Judicial Division (the trial Court) delivered on 13/2/2019 in suit No. W/9/2013 by G. E. AKPERI, J. In the judgment, the trial Court found against the appellant (qua claimant) holding that her case failed and entered judgment in 1st respondent’s favour in her capacity as 1st defendant/counter-claimant.

Aggrieved by the decision, the appellant filed an appeal against the same vide a notice of appeal filed on 1/4/2019. The notice of appeal incorporates nineteen grounds of appeal.

The facts of the case leading to the appeal may be summarized as follows: The appellant bought a parcel of land situate at Ugbori Warri, from the original owners, the Opuengen family vide a deed of conveyance dated 24/7/1996. The appellant’s case was that the size of the land she bought was 100 feet by 100 feet. She fenced the land with wood and bar…

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