Joseph Akujobi & Ors V. Festus Akujobi (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 2/1/2010 by the High Court of Imo holden at Owerri, presided over by Hon. Justice C.I. Ohakwe (hereafter to be referred to as ?the lower Court? and ?the learned trial Judge? respectively). The lower Court in its judgment that spans pages 140 ? 150 of record having first reproduced the claims of the Plaintiff before it (now Respondent); summary of the respective cases of the parties; and ?issue for determination in the case from the facts of the case as disclosed from the evidence before it?; concluded that the Respondent had proved his case on preponderance to entitle him to the reliefs sought.

The claims of the Respondent as stated in the judgment of the lower Court are as follows:-

?a. An Order of Court setting aside the certificate of Occupancy registered as Number 74, Volume 74 at Page 237 in the Lands Registry, Owerri.

b. N2,000,000 (two million naira) being general damages for trespass.

c. Perpetual injunction restraining the Defendants, their

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agents, privies, workmen, assigns from further entry into the land in dispute.?

The terms in which the lower Court entered judgment for the Respondent are as follows:

?1. It is hereby ordered that the Certificate of Occupancy registered as No. 74, Volume 74 at page 237 of the Lands Registry, Owerri be set aside.

2. The Defendants to pay the Claimant N750,000 (seven hundred and fifty thousand naira) being general damages for trespass.
3. The Defendants, their agents, privies, workmen, assigns are perpetually restrained from further entry into the land in dispute.

The Defendants, to pay the costs of this proceedings which I assess at N15,000 (fifteen thousand naira) to the Claimant.?

The case before the lower Court was tried on pleadings filed and exchanged by the parties. I will later in this judgment set out verbatim the respective cases of the parties as appreciated or understood by them in their respective briefs of argument; as well as the cases of the parties as appreciated by the lower Court in its judgment.

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The Appellants being dissatisfied with the judgment of the lower Court initiated the