SAMEK CONSTRUCTION COMPANY LIMITED V. MR. ISAAC EYINNAYA EGEGE & ORS

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Lead Ruling): This appeal is against the judgment of the High Court of Abia State of Nigeria, coram: Hon. Justice T. U. Uzokwe, J. (hereinafter referred to as the lower Court and learned trial judge, respectively), delivered on the 20th day of June, 2005, wherein the learned trial judge dismissed the appellant/plaintiffs suit for being unmeritorious. The suit from where this appeal emanated was initiated by the appellant/plaintiff (hereinafter referred to as the appellant) wherein the appellant in its further amended statement of claim, sought for the grant of the following reliefs:

(i) A Declaration that the Plaintiff is entitled to the grant of the right of occupancy over all that piece or parcel of land shown on survey plan No. MG: 1329/77 dated 6th October, 1977 occupying approximately (8, 370 ocres) 3. 90 Hectares of land situate at Umuocham, Abayi, in the Obioma Ngwa Local Government Area of Abia State.

(ii) An order compelling t…