Fugbara John & Ors V. Sir Uche Amaechi & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Abia State High Court contained in the judgment of Honourable Justice K. O. Wosu delivered in Suit No. HU/21/2011 on the 25th day of September, 2013.

The 1st set of Respondents as claimants in the Lower Court had by their Writ of Summons issued out of the said Court on 25th February 2011 claimed against the Appellants and the 2nd set of Respondents the following reliefs:

?1. A declaration that the Claimants are entitled to the right of occupancy of a piece or parcel of land situate and lying in an area of land traditionally known as and called ?Ovoro Umuofoukwu? in Umuofoukwu Dikenta Ekenobizi Umuopra in Umuahia South L.G.A. Abia State Nigeria within the jurisdiction of the Court with an annual rental value of N10.00.

2. The sum of N450,000.00 (Four Hundred and Fifty Thousand Naira) being damages for trespass into the aforesaid piece or parcel of land in the possession and occupation of the Claimant.
3. An injunction permanently restraining the Defendants, their servants, agents, and/or

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their workmen from trespassing into the said piece or parcel of land or interfering with it in any manner whatsoever.?

?The Appellants as 1st Sets of Defendants Counter Claimed against the 1st and 2nd Respondents who were the Claimants in the Lower Court as follows:

?COUNTER ? CLAIM

The 1st ? 3rd defendants hereby counter-claim against the claimant as follows:

(a) A Declaration that the 1st to 3rd defendants are entitled to the Statutory Right of Occupancy of the piece or parcel of land traditionally known as and called ?OVORO NGODO? Verged Red in the Survey Plan No. LD/MGZ004/2011 filed with the Statement of Defence which is situating at Ngodo Village, Ehume Umuopara in Umuahia South L.G.A. Abia State of Nigeria within the jurisdiction of this Court.

(b) The sum of ONE MILLION (N1,000,000.00) being general damages for trespass into the aforesaid piece or parcel of land which is in the peaceable possession and occupation of the 1st ? 3rd defendants.

(c) An injunction permanently restraining the claimants, their servants, agents, and/or workmen from further trespassing to the said piece or

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parcel of land or interfering with it in any manner whatsoever.