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CaseLaw

Morah V. Okwuayanga (1989) CLR 12© (CA)

Judgement delivered on November 13th, 1989

Brief

  • Retrial order
  • Laches and acquiescence
  • Evaluation of evidence
  • Specific finding of fact

Facts

This is an appeal from a judgement of Awogu, J., sitting at the Onitsha High Court, delivered on 5th May 1981. The case concerns a parcel of land in Umuikem Quarters, Onitsha where both parties live. The plaintiffs, now appellants, who brought the action in a representative capacity on behalf of their family claimed against the defendant in his personal capacity for

  • a.
    declaration of title to a parcel of land called Ani Ubulu situate at Umuikem Quarters, Onitsha;
  • b.
    N400.00 general damages for trespass; and
  • c.
    perpetual injunction. The learned trial Judge dismissed the plaintiffs' claim and made no order for costs.

Issues

  • What is the effect of the failure of the learned trial Judge to resolve all crucial...
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