Effiong Obot Effiong Akpan Umana & Ors V. Chief Okokon Effiong Ekanem & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State sitting at Uyo in Uyo Judicial Division, delivered by Andrew E. Okon J. on the 22nd October, 2013.

The Appellants were defendants at the trial Court in an action instituted by their neighbouring village represented by the Respondents over trespass to a parcel of land. In the said writ filed on the 25th April, 1994, the Respondents sought the following reliefs contained in Paragraph 25 of the statement of claim filed on the 25th June, 1997:

Wherefore the Plaintiffs have suffered damages and therefore claims from the Defendants jointly and severally as follows:-

a) Special damages trees and materials on the shrines destroyed = #70,000.00

b) The Shrines itself =#100,000.00

170,000.00

a) General damages =830,000.00

GRAND TOTAL= N1, 000,000.00

(One Million Naira)

(a) Perpetual injunction restraining the Defendants their agents servants and privies from further interfering or committing further acts of trespass on the said Shrine.

?On being

1

served, the Appellants as defendants filed a joint statement of defence in response to which the Respondents filed a reply. The stage was thus set for trial at which the two sides called oral and documentary evidence. After taking the final addresses of the two counsels, the learned trial Judge in his considered judgment delivered as earlier stated on the 22nd October, 2013, found for the Respondents.

Obviously peeved at this development, the Appellants invoked appellate jurisdiction of this Court via a Notice of Appeal filed on the 17th January, 2014 containing 3 grounds. The said Notice of Appeal was subsequently amended via the Amended Notice of Appeal filed on the 26th February, 2015 but deemed properly filed and served on the 18th May, 2016 this time containing 5 grounds.