Okonkwo Ukatta & Ors. V. James Ndinaeze & Ors. (1997)

LAWGLOBAL HUB Lead Judgment Report

O. OGWUEGBU, J.S.C. 

The appellants before this court are plaintiffs in Suit No. HOR/15/87. They brought the action against the five defendants claiming in paragraph 26 of their statement of claim as follows:-

“(a) A declaration of the communal entitlement of the Obibi Community to the customary right of occupancy to part of the piece or parcel of land known as and called Mgbo-Ekpe Obibi situate at Obibi, Awo-Idemili, which part is shown in survey plan No. AS.A/IMD 99187 wherein it is verged pink.

(b) N100,000 damages for trespass to the palm plantation of the plaintiffs in the said land part of which was destroyed by the defendants.

(c) A perpetual injunction restraining the defendants, their agents, assigns, relations and successors from treating or dealing with the land verged pink in the manner whatsoever inconsistent, with the communal possessory rights of the entire Obibi Awo-Idemili Village or Community, and in particular, erecting or continuing to erect any physical structure on the land in dispute. The plaintiffs brought this action “for and on behalf (sic) members of Obibi Village Community Awo Idemili.”

The defendants in Suit No HOR/15/87 filed a cross action against the plaintiffs in Suit No. HOR/15/87. The cross action is Suit No. HOR/20/87.

Paragraph 46 of their statement of claim reads:

“WHEREFOR the plaintiffs claim against the defendants jointly and severally as follows:-

(a) A declaration that the plaintiffs are entitled to the customary right of occupancy over the piece or parcel of land known as and called “MGBO EKPE” SITUATE AND LYING AT Obibi, Awo-Idemili more particularly shown and delineated in Plan No. DS8624/IM1140D/87 wherein it is verged Pink.

(b) N200,000.00 (two hundred thousand naira damages for trespass by the defendants made up as follows:

(i) N165,000.00 (One hundred and sixty five thousand Naira) – Special Damages as pleaded in paragraph 44 above

(ii) N35,000.00 (thirty five thousand Naira General Damages.

(iii) A perpetual injunction restraining the defendants……from trespassing or further trespassing onto the land in dispute more particularly verged pink in Plan No. DS 8624/IM.1140D/87 dated 12th May, 1987.”

In paragraphs 1 and 2 of the statement of claim in Suit No. HOR/20/87 it Was averred as follows: