Patricia Ifeoma Ezeaku V. Michael Aforcha Anachuna & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Anambra State sitting in Awka Judicial Division delivered in suit No. A/128/2002 on 12th December, 2011. The appellant as the plaintiff claimed the following reliefs against the respondents as the defendants:

“(a) N500, 000 damages for trespass.

(b) An order of perpetual injunction restraining the defendants, their servants and agents from entering the plaintiff’s Obeagu land (farming and planting economic crops inclusive) or remaining on the plaintiff’s Obeagu land verged pink in the Plan No. EZ/AN/D01/2003 or doing anything thereon or from in any manner continuing in their acts of trespass in the same portion verged pink or doing anything whatsoever in the entire land of the plaintiff verged blue in survey Plan No. EZ/AN/D01/2003.

(c) A declaration that the plaintiff is entitled to a grant of a statutory right of occupancy over Obeagu land situate at Isiekwulu village Ukpo, Dunukofia Local Government Area within the jurisdiction of this Honourable Court.”

The respondents

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counter claimed as follows:

(a) A declaration that the defendants are the owners in possession of the portion of Obeagu land situate at Enu Isiekwulu Ukpo in Dunukofia Local Government Area of Anambra State and verged red in the defendants’ plan NO. GC/DO8/2005 filed with this amended statement of defence and accordingly, are the entitled to the grant of customary right of occupancy.

(b) A declaration that the purported sale or customary grant of their Obeagu land by the late sons of late Nweke Orjiakor to the plaintiff is illegal, null, void and of no effect whatsoever.

(c) An order of Court setting aside the purported customary grant of the defendants’ Obeagu land by the late sons of late Nweke Orjiakor to the plaintiff.

(d) N75, 000.00 special damages being the cost of yam seeds, coco yam seeds, cassava stem, vegetables and tipper load of sand removed and or destroyed by the plaintiff and her thugs on the defendants? portion of Obeagu land.

(e) Perpetual injunction restraining the plaintiff, her husband, their thugs, agents, servants and privies from further committing acts of trespass on the defendants’ Obeagu land.

(f)