Etim Ekpenyong & Ors V. Inyang Efiong Nyong & Ors (1975)

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DAN IBEKWE, J.S.C.

The appellants in this case are challenging the propriety of the order contained in the ruling of Kooffreh, J., which was delivered in the High Court, Calabar, on the 26th day of June, 1972. The ruling dealt with an interlocutory application which was made by the respondents in this case in the court below for an interim injunction.

We think that it is relevant at this stage to point out that although the pleadings had been ordered and filed, nevertheless the case was not ripe for hearing in the court below at the time when the application for an interlocutory injunction was filed. It is, therefore, desirable that the relevant portions of the Statement of Claim and of the Statement of Defence filed by the parties should be set out.

In paragraphs 9, 10, 11, 12, 13, 14, 15, 16, 21, 23 and 24 of the Statement of Claim, the respondents who were the plaintiffs in the court below averred as follows:-

“9.    All the defendants are still members of the Idua Assang Land Committee.

10.   The Idua Assang People of which the plaintiffs form  part own a large portion of land covering a large area of the Oron Urban including a stretch of beaches occupied by licence Buying Agents, a Village Council called the Idua Assang Village Council handles the local administration of the Village. Apart from this there are the Idua Assang Management Committee and the Idua Assang Land Committee. These two committees are subordinate and responsible to the Village Council.

11.   The Idua Assang Land Committee is the body responsible for the portioning and leasing out of the whole Idua Assang Community Land in Idua Assang Oron, Oron Division, and collects rents from all such leases. (The Idua Asang Land Committee is accountable to the Idua Assang Management committee).

12.   For every plot allocated to an Idua son or daughter , the defendants collect from each of such persons an initial fee of 8 Pounds,10/- as rent.

13.   For every lease granted to persons who are not members of Idua Assang Community the defendants collect initial fees ranging from 20 Pounds – 100 Pounds from each tenant and in addition the defendants collect rents of about 10 years in advance from them.

14.   During the period 1968-1971, the defendants have leased out about 268 portions of land and have collected rents in respect thereof rents totaling about 8,942pounds.19d.

15.    Between 1968-1971, the plaintiffs on behalf of themselves requested the defendants jointly and severally to render accounts of all monies collected in respect of the Idua Assang Community Land leased out by them. But since then the defendants have refused or neglected to render accounts asked for by the plaintiffs.

16.   Within the same period 1969-1971, the plaintiffs requested the defendants to produce records of all leases granted to tenants, all stamps and/or copies of receipts in respect of all monies received by the defendants from tenants to whom leases have been granted. But the defendants repeatedly refused and or neglected to produce them.

21.   By an Audit Report prepared by the Idua Assang Village Council Auditor covering the period January 1959 to December 1961, which was adopted by the Idua Assang Village Council to which the Land Committee is responsible, certain recommendations affecting the leasing of Idua Assang Community Land and the Handling of Rents collected from the Community Lands were made. But the defendant have ever since refused to adopt these recommendations, (the said Audit Report shall at the trial be founded upon) Idua Assang Land Community.

23.   The plaintiffs aver that the defendants have failed in their duty in that they have never rendered proper and/or satisfactory account to the whole Community of Idua Asang of which the plaintiffs form part.