Onyebuchi J. Nwachukwu & Ors V. Pastor Godwin J. Nwachukwu (2016)

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RITA NOSAKHARE PEMU, J.C.A. 

 Simply put, by Writ of Summons and Claim filed on the 3rd of June 2005, the Respondent (Plaintiff in the lower Court) with one Mrs. Bridget J. Nwachukwu who is now deceased in Paragraph 5 of the Claim, claim against the Appellants (Defendants in the lower Court) the following ?
1. An account of the rent collected from the said one and half room in the main building known as 5 Cole Street as well as the 5 other rooms belonging to the late Chukwueloka Jameson Nwachukwu.
2. An order of partition of the said rooms and land thereof property of the late Chukwueloka J. Nwachukwu between the Plaintiffs on one side and the defendants.
3. Perpetual injunction restraining the defendants, their servants, agents and privies from further collecting rent or exercising any act of ownership or right, inconsistent with the right of the plaintiff in respect of the said property. – Pages 1-3 of the Record of Appeal.

The above claim was amended vide amended statement of claim filed on the 18th of May 2007 – Pages 52-55 of the Record of Appeal.

?In the amended Statement of

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Claim, in its Paragraph 22, the Respondent in this Appeal (as Plaintiffs at the lower Court) claimed the following reliefs –
1. An account of the rent collected the defendants, their servants, agents and privies from the said one and main room in the main building at 5 Cole Street as well as 5 other makeshift rooms and a main makeshift room belonging to the late Chukwueloka Jameson Nwachukwu and that same be shared into two equal parts.
2. An order of partition of the said rooms and land thereof particularly plot No. 4 in the plans No. MEC/154/95 and CD/AN/D001/2007 property of the late Chukwueloka J. Nwachukwu between the Plaintiffs on one side and the defendants on the other side.
3. Perpetual injunction, restraining the defendants, their servants, agents and privies from further collecting rent or exercising any act of ownership or rights inconsistent with the right of the Plaintiff in respect of the said property.

The Appellants filed an amended statement of defence and Counter Claim on the 1st of June 2010. – Pages 140-152 of the Record of Appeal. There is a Reply to Counter Claim filed on the 3rd of March 2009 – Pages 108-111

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of the Record of Appeal.

Final addresses were filed by the respective parties in respect of their processes. At the end of the trial, the lower Court found for the Plaintiffs/Respondents while the Counter claim was dismissed. ? Pages 242-249 of the Record of appeal. The Judgment was delivered on the 19th of September 2012.

The Appellants are dissatisfied with the decision of the lower Court and have appealed it. Pursuant to the Practice Direction of this Honourable Court, the Appellants filed a Notice of Appeal on the 5th of November 2012 encapsulating 6 (six) Grounds of Appeal. – Pages 250-259 of the Record of Appeal.

SYNOPSIS OF THE FACTS
The Appellants in their Statement of Defence and Counter Claim at the lower Court counter claimed as follows against the Plaintiff –
(a) Refund of N36,000 (Thirty-six thousand naira) to the 1st Defendant being rent already collected from one Mr. Damian Okafor for one room accommodation belonging to Mr. Sam O. Nwachukwu the now “Diokpa” which was refunded due to harassment and double lock of the one room apartment formerly belonging to late Chukwueloka Nwachukwu by the 2nd Plaintiff in

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her struggle for a share. Defendants’ Solicitors receipt dated 3/5/05 to MR. Peter Okafor, Esq., as Solicitor to Mr. Damian Okafor and Stanley Okafor are hereby pleaded and shall be relied upon by the Defendants at the hearing.
(b) N5,000.000 (Five million naira) as damages for trespass by the 2nd Plaintiff on the Defendants land as averred supra.
(c) Perpetual injunction restraining the Plaintiffs, their agents, servants and privies from interfering with the rights of the Defendants, particularly the “Diokpa” to the exclusive possession of the said property.
(d) Cost of this action. – Pages 62 of the Record of Appeal.