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CaseLaw

Amough V. Zaki (1998) CLR 3(d) (CA)

Brief

  • Right of party to address court
  • Final address
  • Address of counsel

Facts

In the High Court of Benue State holden at Makurdi, the respondent as the plaintiff filed an action against the appellants in which in para. 18 of his Statement of Claim at P.4 of the record of proceedings, he averred as follows:-

  • 18
    Whereof the plaintiff claims as follows:
    • a
      A declaration that kwande Local Government Certificate of Occupancy No. 6 described as measuring 3.887 Hectares or 10.00 Acres is a fraud and therefore is null and void and on no effect whatsoever.
    • b
      A declaration that the titled of the defendants being Existing, was rooted from the said Zaki Ikyo and therefore no Certificate of Occupancy could have been obtained without due consultation and permission first had and received.
    • c
      A declaration that the plaintiff through his father the rightful owner of the land covered by Certificate of Occupancy No. 6 date 30/7/80 and registered in Volume I page 1 at the Kwande/Ushonge Local Government Authority Lands Registry.
    • d
      That the Certificate of Occupancy was not obtained in a regular and legal manner.

Pleading were duly filed and exchanged.

At the trial, both sides testified and also called witnesses that testified for them.

In a reserved judgment delivered on 14/12/95, the learned trial Judge, Ikongbe J. entered judgment in favour of the respondent whereby he granted all the four reliefs claimed by the respondent.

Aggrieved and dissatisfied with the decision, the appellants have now appealed to this court, upon five grounds of appeal.

Issues

  • 1
    Whether or not the plaintiff/respondent proved his claims to be entitled...
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