Ozibo Local Government & Ors V. Hon. Justice F. C Abosi (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of Hon. Justice A. A. Nwaigwe of the Ebonyi State High Court delivered on 21/10/13 wherein His Lordship found that the plaintiff (herein respondent) proved his case on the balance of probabilities and that he was entitled to the reliefs sought. To this effect, His Lordship entered judgment for the respondent against the defendants (herein appellants) jointly and severally as follows:

1) Declaration that the plaintiff is the person entitled to a grant of Right of Occupancy in respect of all that piece or parcel of land situate at No. 6 New Market Road, Abakaliki subject matter of a Deed of Lease registered as No. 86 at Pg. 86 in Vol. 6 of the Lands Registry, Abakaliki.

2) Perpetual injunction restraining the defendants by themselves, agents or privies from committing further act or acts of trespass on the said land subject matter of this suit.

3) N50,000 damages for trespass against the defendants.

The facts that led to this appeal are as follows:

The plaintiff by his amended Statement of Claim filed on 30/05/07 claimed against

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the defendants as follows:

a) Declaration that the plaintiff is the person entitled to a grant of Right of Occupancy in respect of all that piece or parcel of land situate at No. 6 New Market Road, Abakaliki subject matter of a Deed of Lease registered as No. 86 at Pg. 86 in Vol. 6 of the Lands Registry, Abakaliki.

b) The sum of N5m as general damages for trespass.

c) Perpetual injunction restraining the defendants by themselves, agents or privies from committing further act or acts of trespass on the said land subject matter of this suit.

The learned trial judge after considering all material facts placed before him, held that the defendants have no defence in this suit. He also stated that the plaintiff had proved his case on the balance of probabilities and that he is entitled to the reliefs sought. To this effect, His Lordship entered judgment for the plaintiff against the defendants jointly and severally.

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