Oguamanam Eke V. Nzekwe Eluwa & Anor (2000)

LawGlobal-Hub Lead Judgment Report

AKPIROROH, J.C.A. 

This appeal arose from the decision of the learned trial Judge in the court below in an action in which the plaintiff now appellant claimed as follows:-

(a) A declaration that the plaintiff is entitled to a statutory certificate of occupancy of the property.

(b) N100,000.00 general damages for trespass.

(c) Perpetual injunction restraining the defendants, their servants agents or privies from interfering with the plaintiff’s rights and interest howsoever in the property”.

The 2nd defendant now respondent filed a statement of defence and counter-claim and claimed as follows:

(a) The deed of conveyance dated 19th November, 1974 and registered as No. 94 at page 94 in volume 756 of the Register of deeds Owerri and purported to have been executed by Oluigbo Nlemadim Nkenze of Orji in favour of the plaintiff is void.

(b) The statutory certificate of occupancy No.16 of page 16 in volume 230 of the register of deeds in respect of Plot 433 works layout Owerri granted to the plaintiff pursuant to that deed of conveyance set out in sub- paragraph (a) of this paragraph is void;

(c) An order setting aside that deed of conveyance and that statutory certificate of occupancy;

(d) Injunction perpetually restraining the plaintiff from committing any further act of trespass upon the land subject-matter of this suit;

(e) We claim N10,000.00 (Ten thousand Naira) being damages for trespass committed by the plaintiff upon the land subject-matter of this suit”.

The gist of the plaintiff/appellant’s case at the trial was that in 1974 he acquired a piece of land at the Egbelu Orji form one Oluigbo Nlemadim and in 1976, he acquired another piece of land adjacent to the first one from the same vendor.

The two deeds of conveyance were tendered in evidence. He later applied for a statutory certificate of occupancy which was granted to him in 1989 covering a part of the land he acquired from Oluigbo Nlemadim Ekenze.

It turned out that the same parcel of land for which the appellant was granted a statutory certificate of occupancy was granted to Hon. Justice Sylvester Amadi-Obi now deceased.