Christopher Egbogu Iwuji Duru V. Nnamdi Akodum Duru (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the final judgment of Imo State High Court in Suit No. HOW/794/2008, delivered on 14/1/2013 by Hon. Justice Ngozi Opara, wherein, his lordship entered judgment in favour of the plaintiff (Respondent herein) and awarded damages of N100,000.00 (One Hundred Thousand Naira) to him and cost of N20,000.00 (Twenty Thousand Naira) only.

The Plaintiffs’ claim at the Lower Court was for:

“(a) Declaration that the plaintiff is entitled to Right of Occupancy over the piece or parcel of land known as “AMAUKWU NKODUM” being the only surviving child of Late Nkodum Uwah Duru according to native law and custom.

(b) Declaration that the plaintiff is entitled to inherit the property of Nkodum Uwah Duru (late) of Umueze Obokpo Ubomiri in Mbaitoli Local Government Area.

(c) N1.000.000.00 (One Million Naira) being damages against the Defendant.

(d) Perpetual Injunction restraining the Defendant, his servants, agents or privies on the said land.”

After hearing the case, taking evidence and considering the addresses of Counsel, the learned trial Court said, on

page 165 of the Records of Appeal:

“In all, as above stated, the case of the defendant leaves much to be desired. He only came to Court to try his luck. I therefore enter judgment in favor of the claimant. As for damages claimed, the defendant is condemned to pay him the sum of N100,000.00 (One Hundred Thousand Naira) only and costs fixed at N20,000.00 (Twenty Thousand Naira) only.”

Dissatisfied, Appellant (who was the Defendant at the trial Court) filed several notices of appeal. He did on 22/2/13 (pages 198 – 204), on 28/3/2013 (pages 269 – 272), and on 21/3/2013 (pages 272 A to 272 H), respectively, of the Records of Appeal. At the hearing of the appeal. Appellant elected to rely on the 2nd Notice of Appeal, filed on 28/3/2013, disclosing 4 grounds of appeal. Appellant filed his brief of argument on 7/2/14 and distilled a lone issue for the determination of the appeal, namely:

“Whether on the totality of the pleadings, evidence and sole issue settled for determination, the judgment of the trial Court in favour of the Respondent should be set aside. (Grounds 1,2, 3 and 4).”

The Respondent filed his brief on 14/3/14 and said:

“From the