Rev. Obiora Okezie Agbogu V. Geofrey Adiche (2002)

LawGlobal-Hub Lead Judgment Report

AKPABIO, J.C.A.

This is an appeal against the judgment of S.M.B. IBEZIAKO J. of Anambra State High Court, holden at Ogidi in Idemili Judicial Division in suit No. 0/183/89; HID/805/95 delivered on 17th December, 1998, wherein he dismissed plaintiff’s suit for declaration of entitlement to customary/statutory right of occupancy in respect of certain lands in dispute; N1,000.00 damages for trespass and perpetual injunction, but rather awarded title to the said land to the defendant in accordance with his counter-claim for almost identical reliefs with N1,000.00 costs against the plaintiff.

It should be stated at this initial stage that at the trial court the original plaintiff was one Crawford Agbogu, while the original defendant was one Michael Adichie. The original parties later died, and were substituted with the present plaintiff and defendant now on record.

The claim of the original plaintiff was worded as follows:

“CLAIM

The plaintiff claims as follows:-

1. A declaration that the plaintiff is entitled to the grant of a customary right of occupancy in respect of a piece or parcel of land situate at Ikenga Village, Ogidi on which plaintiff built his homestead in 1930. The annual value of the said land is about N200.00.
2. N1,000.00 (One thousand naira) general damages for trespass on the said land.
3. Perpetual injunction restraining the defendant, his servants, agents and privies from unlawfully entering into, remaining on, or interfering in any way whatsoever with the plaintiff’s use, enjoyment and possession of the said piece or parcel of land situated at Ikenga Village, Ogidi, on which plaintiff built his homestead and has been living on since 1930.

DATED AT ENUGU this 10th day of July, 1989.

In response to the statement of claim filed by plaintiff, the defendant later filed a further amended statement of defence and counter-claim dated 20th October, 1997, wherein he counter-claimed from the plaintiff as follows:-

“7. Defendant denies that plaintiff is entitled to the claims in paragraph 15 of statement of claim and counter-claims against plaintiff for:

(a) A declaration that defendant or Adichie family is entitled to a right of occupancy of the land verged green on defendant’s said survey plan.

(b) Injunction restraining plaintiff and his agents from interfering with Adichie family rights in and possession of the said land.

(c) N100,000.00 damages.

Dated this 20th day of October, 1997.”

The evidence in support of plaintiff’s claim may be summarized as follows:-