Sunday Ofoma & Anor V. Anthony Ifeanyi Obinwe & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

The appellants were the 5th and 6th defendants at the High Court of Justice, Anambra State, holden at Onitsha, in the suit No.0/257/2007. In the said suit, the respondents had claimed the following reliefs:

(a) A declaration that the sale by the 1st, 2nd, 3rd and 4th Defendants of the land in dispute to the 5th Defendant without the knowledge and consent of the Plaintiffs is void.

(b) An order of this Honourable Court setting aside the sale of the land in dispute by the 1st, 2nd, 3rd and 4th Defendants to the 5th Defendant.

(c) A declaration that the 5th Defendant lacked the capacity to sell the land in dispute to the 6th Defendant.

(d) An order setting aside the purported sale of the land in dispute by the 5th defendant to the 6th defendant.

(e) A declaration that, the reversionary interest of the Obinwe family in the land in dispute is still subsisting and shall become vested in the said family upon the expiration of the last lease entered between Vincent Nwobu Obinwe (for Obinwe family) and the 5th defendant.

(f) N200,000,000.00 being general and punitive damages.

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The appellants, had filed a motion on notice No. 0/868m/2012 at the Court below praying that the suit No. 0/251/2007 be struck out or dismissed.

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The grounds for the application are that:

?(1) The Plaintiffs have no locus standi nor legal interest worthy of protection in the suit filed by the Plaintiffs.

(2) By a valid and subsisting judgment of the High Court of Anambra State in Suit No. 0/307/2005 BETWEEN PATRICK OBINWE vs. CHIEF AUGUSTINE OFOMA ANOR. Delivered on 30th day of October 2006, by Honourable Justice J. I. Nweze, it was held in respect of the land in dispute NO. 1 (now 3) Johnson Street Onitsha that