Mr. Joab Arum V. Mrs. Florence C. Egbo (2016)

LawGlobal-Hub Lead Judgment Report

RITA NOSAKHARE PEMU, J.C.A. 

This is an appeal against the Judgment of the High Court of Agbani, Enugu, presided over by Hon. Justice A. O. Anidi and delivered on the 25th day of June 2013 in Suit No. HAGB/4/2011.

SYNOPSIS OF FACTS
The Suit, the subject matter of this Appeal was instituted by Writ of Summons filed on the 17th of May 2011. – Pages 2-3 of the Record of Appeal.

In Paragraph 6, the Plaintiff (Appellant in this Appeal) claims against the Defendant (Respondent in the present appeal) the following ?
(a) An order restraining the defendant or her agents from further use of the plaintiff residential land to conduct church services.
(b) A declaration that the plaintiff being the owner of the land is entitled to the enjoyment of his land without trespass and nuisance from the defendant and her Church True Light of God Mission.
(c) The sum of Ten Million Naira (N10,000,000.00) being damages of trespass on the land.
(d) Five Million Naira (N5,000,000.00) for the damage occasioned by the Nuisance caused by the Church services on the plaintiff and his family in

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their residential home where the Church is built and used forcefully against the will of the plaintiff. – Pages 2-3 of the Record of Appeal.

The Plaintiff is the owner of a space of land in his village, and the Defendant had approached him for a place therein, where he can erect a temporary structure for a church building, pending when she purchases a piece of land in the village. Both of them belong to the same Church.

The Plaintiff (Appellant) obliged the defendant (Respondent), by giving him a temporary space to erect her church outreach in the landed property purchased for his residential home. The Plaintiff had told the defendant that he can remain on the land for one year, after which time she must leave because he needs to use the property for his residential home.

While the Appellant was away in the North for a business, he began to erect permanent structures on the land.

The Appellant told the Respondent to remove the structure but she refused and continued the trespass on the land.
?

The Respondent asked the Appellant to sell the land to her but he refused, but told the Respondent to vacate the

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property.

When she refused, the Plaintiff instituted the action, the subject matter of this Appeal.