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THE REGISTERED TRUSTEES OF THE REDEEMED PEOPLE'S MISSION INCORPORATED & ORS v. MR. CHIKA ANYA KALU

(2017) JELR 41904 (CA)

Court of Appeal  •  CA/OW/235/2013  •  27 Oct 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of Abia State High Court in Suit No. HU/90/2007, delivered by Hon. Justice A.U. Kalu, delivered on 5/11/12, wherein the Lower Court gave judgment to the Plaintiff (now Respondent) and dismissed the Counter-claim by the Defendant (now Appellant).

The Respondent had claimed for a declaration of title to the land in dispute, special and general damages and perpetual injunction against the Appellants at the Court below. See the Amended Statement of Claim on pages 33 39 of the Records of Appeal. Appellants had filed a defence and Counter-claim, asserting right to the same disputed land, seeking declaration, damages and injunction. (See pages 11 20 of the Records of Appeal).

After the hearing and consideration of evidence and addresses of Counsel, the trial Court held:

In my humble view and based on my evaluation of the evidence presented by each party, I am satisfied that on the preponderance the C…

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