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VINCENT AHMAN OCHEGBUDU v. BONIFACE AGBALA

(2014) JELR 33474 (CA)

Court of Appeal  •  CA/J/174/2003  •  3 Mar 2014  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDA FESTUS OGBUINYA JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A.(Delivering The Leading Judgment): This is an appeal by the Appellant against the judgment of the Benue State High Court sitting at Otukpo wherein the Appellant's claims as Plaintiff for a declaration of title to land situate and lying at Ghana Ochito in Otukpo town was dismissed in its entirety.

The facts briefly put are that the present Appellant, as 1st Plaintiff had sued in a representative capacity by leave of court, on behalf of Uchegbudu Ugana family and the 2 other co-plaintiffs, also 2nd and third Plaintiffs then, for a declaration of title to a disputed land in Otukpo and for damages for trespass thereon by the Defendant/Respondent.

At the end of hearing, where at all sides testified and called witnesses and tendered an exhibit 'A' the learned trial judge thereat entered judgment against the Plaintiffs and dismissed the entirety of the claims in the following words:-

"In summary, I find that the 1st Plaintiff has not proved his title to the l…

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