Prince George Iloka V. Peter Chike Edokwe & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A.(Delivering the Leading Judgment)

On 22-9-1997, the appellant filed a claim and caused a writ of summons to issue on the same day against Simon Sunday Edokwe the father of the respondents in the High Court of Anambra State at Nnewi commencing suit No HN/138/97 and claiming for-

a. A declaration that the plaintiff in possession is entitled to a statutory right of occupancy over the said land in dispute.

b. sum of N1,000,000.00 (one million naira) being damages for trespass.

c. Perpetual injunction restraining the defendant his servants, workmen, privies or agents from any further acts of trespass or in any manner whatsoever from interfering with the plaintiff?s right of occupancy and possession of his land.?

On 8-7-1998 Simon Sunday Edokwe the father of the respondents filed a claim and caused a writ of summons to issue on the same date against the appellant herein commencing suit No. HN/105/98 in the same Anambra State High Court at Nnewi claiming for-

?a. A declaration that the plaintiff, as the person in possession is entitled to the statutory right of occupancy in respect of the said piece or parcel of land situate at

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Okpuno-ebenator Area of Anambra State, within the jurisdiction of this Honourable Court; more particularly delineated and verged Red (which also embraces the area verged PINK) on the plaintiff?s survey plan.

b. N5,000,000.00 (five million naira) being general damages for the said trespass, and

c. Perpetual injunction restraining the defendant, his agents and privies, servants or his successors-in-title and assigns from further acts of trespass or from further interfering with the plaintiff?s right over the said piece or parcel of land in possession of the plaintiff. Dated at NNEWI this 20th day of October,1998.?

Upon the death of Simon Sunday Edokwe, the respondents as his children, substituted him as defendants in suit No HN/138/97 and as plaintiffs in suit No HN/105/98 by order of the trial court on 14-5-2001. Both suits were consolidated by Order of Court. The plaintiff in suit No HN/138/97 was made plaintiff in the consolidated suits. The plaintiffs in suit No HN/105/98 were made defendants in the consolidated suits.

The parties amended their respective pleadings several times. The appellants adduced evidence in support of their case

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