Christopher Obueke & Ors Vs N.n. Nnamchi & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal sitting at Enugu delivered on the 29th day of June, 2005 dismissing the appeal of the defendants/appellants and affirming the judgment of the trial court dated 24th June, 1997 in Suit No.E/90/82.

The appellants were the defendants at the trial court, while the respondents were the plaintiffs at the said court claiming that they, as people of Umuaniona family of Amechi Awkunanaw were the owners in title of the parcels of land known as OKWE-EGHE land.

FACTS BRIEFLY STATED

The respondents as plaintiffs at the trial court coram P. K. Nwokedi Honourable Judge (as he then was) per their Amended Statement of Claim dated 7th May 1982 sued the appellants as defendants and sought the following reliefs:-

(a) N20,000 damages for trespass

(b) An injunction restraining the defendants by themselves or through their agents, servants and privies from further occupation and use of the plot of land described as Plot 1, Block 32, Achara Layout (and now numbered 7 Umuaniede Street, Achara Layout) Enugu except with the consent of the umuaniona Community.

(c) Such further order or orders as the court thinks fit to make in the circumstances.

The predecessor in title of the appellants, late Anselem Obueke, (father of the 1st defendant/appellant and husband of the 2nd defendant/appellant) bought his interest in the disputed land from the late John Wenata Egbo by a deed of lease dated the 19th July, 1963 and registered as No.86 at page 86 in Volume 849 of the Lands Registry in the office at Enugu i.e Exhibit D.

The late John Wenata Egbo entered into an oral contact with the family of the respondents for the development of Achara Layout. He was given a piece or parcel of land as part of his fees for his services. A dispute later arose between the said John Wenata Egbo and the respondents over the extent of the area granted him.

In 1965, the respondent took out the suit NO. E/67/65 against John Wenata Egbo claiming that he exceeded the area granted to him for his services. In that suit, the court held that the deed of lease dated 20th October 1962 and registered as No. 31 at page 31 in Volume 332 of the Lands Registry Enugu evidencing the land taken by John Wenata Egbo was invalid and void.

The respondents subsequently sued the appellants who had been on the land for over 16 years for trespass, claiming injunction and damages. The trial High Court by a judgment dated 24th June, 1997 held the appellants liable in trespass, granted the respondents N5,000.00 damages and gave a conditional injunction against the appellants in favour of the respondents.

The appellants being dissatisfied with the said judgment appealed to the Court of Appeal by a Notice of Appeal dated 30th August, 1997 and filed on the 12th September, 1997.

In his brief of argument the appellants’ counsel quoted extensively the evidence of the 1st plaintiff, Nsude N. Nnamchi who was the principal witness. In response, the respondents’ counsel in his brief contended that the quotation under reference was nowhere in the judgment of the trial court in suit No. E/97/65 rather it was a quotation culled from the judgment of P. K. Nwokedi J. (as he then was) in Suit No. E/90/82 with John Wenata Egbo a copy of which was tendered as Exhibit A. The Court of Appeal found for the plaintiff/respondent and dismissed the appeal. The appellant being dissatisfied with the said judgment has filed a Notice of Appeal to the Supreme Court dated 25th July, 2005 with 3 grounds of appeal.