Anyiema Gabriel Udoma V. Chief Sunday Offong Okorie & Ors (2016)

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CHIOMA EGONDU NWOSU-IHEME, J.C.A. 

The Appellant instituted this Appeal against the judgment of the High Court of Akwa Ibom State, Uyo Judicial Division delivered by Pius Idiong, J, on the 25th of March, 2013. The trial Judge granted all the reliefs sought by the Respondents in their claim and dismissed the counterclaim of the Appellant for lacking in merit. This appeal is predicated on the said judgment.

SUMMARY OF FACTS:

The Respondents, as claimants, commenced this suit at the trial Court in a representative capacity as representing themselves and on behalf of the Offong Okorie family against the Appellant (Defendant at the trial Court) claiming the following reliefs:

a) “A Declaration that the Offong Okorie Rubber Plantation situate at Ikot Ukpong village in Ukanafun Local Government Area is a bona fide and exclusive property of Offong Okorie family.

b) An Order of perpetual injunction restraining the Defendant, his heirs, agents, privies and job men from further trespassing into the Offong Okorie Rubber Plantation belonging to the claimants.

c) Special

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Damages:

(i) N4,960,000.00 – for 496 stands of Rubber Trees destroyed by the Defendant.

(ii) N74,400.00 – for 496 latex cups destroyed by the Defendant.

d) General Damages:

N5,000,000.00 for wanton and malicious damage, embarrassment and loss of income, wrongful conversion, trespass, etc.”

The Appellant on the other hand, counterclaim as follows: