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MATHIAS OGAR OKOLI v. OGAR OMAGU

(2014) JELR 33103 (CA)

Court of Appeal  •  CA/C/129/2011  •  26 Feb 2014  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; CHIMA CENTUS NWEZE JCA; ONYEKACHI A. OTISI JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Cross River State, sitting at Bekwarra in suit No. HR/1/2010 delivered on the 29/9/2010. The Appellant had sued the Respondent before the High Court claiming ownership of a piece of land, trespass and special damages. His case, in brief, was that in 1974, the land in question was given to him by elders of his Ibiaragidi village, founded by his great grand-father: Ikani, and that he had taken possession and demarcated the boundaries. That he started farming and built a house on his land in 1977 but that in 2010, the youths of the village said the land was too big for the Appellant and his family and so they purported to have sold it to the Respondent, who trespassed thereon.

On his part, the Respondent denied the Appellants' claims and counter-claimed that the land was owned by his family, damages, and solicitor's fee. At the trial, each of the parties testified and …

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