Chief Samuel Ikenna & Anor Vs Chief Benedict Bosah & Ors (1997)

LAWGLOBAL HUB Lead Judgment Report

OGWUEGBU, JSC. 

The plaintiffs/applicants brought this application pursuant to Section 31(2)(a) and 31(4)(sic) of the Supreme Court Act, 1960 sections 6(6)(a) and 213(3) of the Constitution of the Federal Republic of Nigeria, 1979 and Order 2 Rules 28(1) and 31(1) and Order 6 rule 2(1) of the Supreme Court Rules. They are praying the court for the following orders:

“(i) An order enlarging the time within which the appellants/applicants may file the Record and appellants’ brief of argument pursuant to Order 6 rule 2(1) Rules of this Court;

(ii) An order deeming as properly filed the said brief of argument dated and the record of appeal filed with this application as sufficient records for the effectual determination of the appeal herein lodged;

(iii) Extension of time within which to apply for leave to appeal against the ruling/Judgment of the Court of Appeal (Enugu Division) dated the 15th day of April, 1996;

(iv) Leave to appeal;

(v) Extension of time within which to file the notice and grounds of appeal and to deem the same as duly filed upon payment of the prescribed fees;

(vi) Leave to file and argue grounds other than that of law;

(vii) Stay of execution of the judgment/ruling of the Court of Appeal dated 15/4/96 pending the determination of this appeal.

(viii) Accelerated hearing of this appeal.”

The application is supported by an affidavit of twenty nine paragraphs and a further affidavit of thirteen paragraphs both deposed to by the 1st plaintiff/ applicant. Various judgments and rulings of the High Court, the Court of Appeal and this court are annexed to the said affidavits. The defendants/respondents filed two counter-affidavits. One was deposed to by the 1st defendant/respondent with the knowledge and consent both of the 2nd defendant/respondent and of Ikenga Community whom they represent. The second was deposed to by the 3rd defendant/respondent, Joseph Nwakile Oguejiofor, Acting Surveyor-General, Anambra State. Both parties filed briefs of argument in compliance with Order 6 rule 2(1) of the Rules of this court.

Before I proceed to consider the merits or otherwise of the application it is necessary to give a brief statement of the facts. In Suit No. 0/52/73 which originated in the Onitsha High Court of Anambra State, the predecessors-in-title of the present plaintiffs of Umusiome village, Nkpor instituted a civil action against the predecessors of the defendants/respondents of Ikenga, Ogidi claiming as follows in paragraph 22 of their amended statement of claim:

“(i) A Declaration of title that the plaintiffs people of Umusiome are owners of Okofia land as shown in the plan filed with this statement of claim and thereon edged pink.

(ii) Perpetual injunction to restrain the defendants, their people, their servants and agents from further trespassing into Ikofia lands or any part of same;