Chief Benson Ezike & Anor V. Chief Alphonsus Egbuaba (2019)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal Port Harcourt Division, in which the lower Court dismissed the appeal of the Appellants for lacking in merit. The lower Court, by that dismissal, affirmed the judgment of the High Court of Imo State holden at Orlu which entered judgment in favour of the Respondent herein in the consolidated suit Nos. HOR/18/93 and HOR/59/94. A synopsis of the facts as garnered from the record of appeal may be stated thus:-

The present Appellants as plaintiffs filed suit No. HOR/18/93 and in their statement of claim sought the following reliefs:-

“(a) Declaration that the plaintiffs are entitled to right of occupancy in respect of land known as ALA AZU OKWO OGWUGHTU EZINKWO land situate at Urnezikeduru Ezinkwo, Umuezennachi Ibiama within the jurisdiction of this honourable Court.

(b) Declaration that the said land was on pledge to defendant’s family from plaintiffs’ family.

(c) An order of this Honourable Court compelling the defendant to accept the sum of N2,000.00 (Two Thousand Naira) from the plaintiffs as redemption fee (in lieu of the lost sheep).”

1

The Respondent herein as defendant filed his statement of defence in suit No. HQR/18/93 and later, filed a cross-suit in HOR/59/94 wherein he claimed in the Amended statement of claim as follows:-

(a) A Declaration of the honourable Court that the plaintiff is the person entitled to the statutory right of occupancy over the piece and parcel of land known as and called “ALA AMA UMUIROHA” lying and situate at EZINKWO Village Ihioma, Orlu Local Government Area and shown in survey plan No. DS/25762/IM 304 D/94.

(b) N200 general damages for trespass.

(c) Perpetual injunction restraining the defendants by themselves, their servants, agents and/or privies from committing any further trespass on the said land or disturbing plaintiffs’ right of occupancy over same.”

The two suits were consolidated and the Appellants who were plaintiffs in HOR/18/93 remained the plaintiffs while the Respondent who was plaintiff in HOR/59/94 became the Defendant in the consolidated suits. At the trial, parties tendered oral and documentary evidence. The Appellants called five witnesses including 3rd plaintiff (now late) as PW1.

2

The Respondent called three witnesses including himself as DW1. At the conclusion of evidence and addresses of counsel, the learned trial Judge, in a considered judgment, found in favour of the Respondent in terms of his claim in suit No, HOR/59/94.