John Nwachukwu & Anor V. Micheal Abara & Ors. (1976)

LawGlobal-Hub Lead Judgment Report

S. SOWEMIMO, J.S.C. 

This appeal is against the judgment of Ikpeazu, J., delivered on 14th November, 1973, at the High Court of the East, Central State sitting at Owerri in suits HOW/25/72 & HOW/24/73, which were consolidated and tried together.  The claims of the plaintiffs in suit HOW/25/72 were dismissed but the claims of the defendants who were plaintiffs in Suit HOW/24/73 were granted.  It is against the judgment in the consolidated suits that this appeal was brought.

The plaintiffs in suit HOW/25/72 sued “for themselves and as representing the community of Umuzie Nguru” and the claims are: –

(a)Title to that piece and parcel of land verged GREEN in plan No. UN.D/9/72 filed by the plaintiffs and known as and called “MKPORO” or “MKPORO UMUEZIE NGURU” in Mbaise within Owerri Judicial Division with annual rent of ‘a34. (four pounds)

(b)100pounds (one hundred pounds) special and general damages made up as follows: –

1. Special Damages
One Uhi tree value   35pounds…   35pounds:=:=

One Uhi tree value     15pounds..  15pounds:=:=

2. General Damages         …. 50pounds:=:=
Total             100pounds:=:=

(c)Injunction permanently restraining the defendants their servants, agents and/or workmen from further acts of trespass and from dealing with the land in dispute in a manner inconsistent with the interest of Umuezie Community.”

The defendants were sued individually.

The 1st defendant is the plaintiff in suit HOW/24/73, and sued as defendants the plaintiffs in suit HOW/25/72 individually and not in their representative capacity. The claims in that suit are:

(1)Declaration of title to a piece of land known and called “UHU-ETITI” situate at Umuezie Nguru Mbaise as shown in Plan No. EC. 273/72 filed with this Statement of Claim.

(2)Injunction restraining the defendants their servants and agents from further acts of trespass on the said land.”

Because the two suits were consolidated, the plaintiffs in the first suit were referred to as plaintiffs in the judgment and the defendants were similarly referred to.