MR. Chukwudi Okafor & Ors V. Mrs. Janet Anakwuo Okafor & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment)

This appeal is against the judgment delivered by Hon. Justice E. U. Uzodike of the Anambra State High Court, sitting in Awka on the 21st of November 2007 in suit No A/13/2003.

SYNOPSIS OF FACTS

By Writ of Summons filed on the 20th of January 2003, and Paragraph 3 of the Claim, the Respondents (Plaintiffs at the lower Court) had sued the Appellants (Defendants at the lower Court) in Paragraph 3 thereof for the following:-

(a) N6m (six Million Naira) being special, exemplary, aggravated and general damages for trespass.

(b) Perpetual injunction, restraining the defendants by themselves, privies, agents and servants from further trespass thereto.

-pages 1-3 of the Record of Appeal. Also in Paragraph 14 of the Statement of Claim as reflected at page 6 of the Record of Appeal.

The plaintiffs are owners in possession of the compound situate at No 297 Nnamdi Azikiwe Avenue, Awka.

The 6th Plaintiff MASTER CHUKWUJIOKE AWAKWUO OKAFOR is the first son of the late father, ANAKWUO OKAFOR.

?The 1st plaintiff, is the 2nd wife of late Awkwuo Okafor, whose children are the

1

2nd -6th plaintiff, and who all reside at no 297 Nnamdi Azikiwe Avenue, Awka.

The 1st, 3rd and 7th defendants are children of the 2nd Defendant, and one late Mr Mike Okafor, who predeceased late Mr Anakwuo Okafor who was his father.

The 4th & 5th defendants are sisters to late Mr Mike i.e Okafor is sister-in-law to the 2nd defendant.