UZOR V. UZOR & ORS

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State, Owerri judicial division delivered on the 18th of November 2010 Coram Ijeoma Agugua J. in Consolidated Suits Nos HO/5/2002 and HO/10/2002, dismissing the Appellant’s claim in HO/5/2002 for communal title to the land in dispute and entering judgment in favour of the Respondents, as Plaintiffs in HO/10/2002 for title. Also awarded were damages for trespass and a perpetual injunction. Aggrieved, the Appellant filed a Notice of Appeal on 23/11/2010, subsequently amended with leave of this Court. The Amended Notice of Appeal was filed on 02/02/2015. 

ISSUES FOR DETERMINATION: 

The Appellant’s Brief of Arguments filed on 30/07/2021 but deemed as properly filed on 23/03/2022 was settled by Rev. F. U Ekavhiare, Esq in which the Appellant distilled four (4) issues for the Court’s determination, to wit: 

1. Whether the lower Court was right in holding th…