Christian Outreach Ministries Inc. & Ors V. Mrs. Ekanem Oku Cobham & Anor (2005)

LawGlobal-Hub Lead Judgment Report

JEAN OMOKRI, J.C.A.

This is an appeal against the decision of the High Court of Cross River State, Calabar Division, Calabar, presided over by Francis Ilok, J., delivered in Suit No. HC/492/2001 on the 12/1/04.

The facts of the case are that on the 20/11/01, the appellants as plaintiffs instituted proceedings against the respondents as defendants seeking the following reliefs:

“A. A Declaration that for all intents and purposes, the plaintiffs are the tenants of the 1st Defendant at her property situate at Plot 37 Nsefik Eyo Layout, Ndidem Usang Iso Road, Calabar.

B. A Declaration that the 1st and 2nd Defendants induced the Plaintiffs to take over and complete the three bedroom uncompleted bungalow situate and lying at plot 37 Nsefik Eyo Layout belonging to the 1st Defendant.

C. N5million (five million naira) special and general damages for the expenses carried out by the Plaintiffs on the uncompleted property situate at plot 37 Nsefik Eyo Layout.

D. N10,000.000 (ten million naira) special and general damages for the wrongful ejection of the Plaintiffs from the said property situate at plot 37 Nsefik Eyo Layout on 13th July, 2001.

E. N10,000,000 (ten million naira) special and general damages for the losses, destruction and damages caused to the Plaintiffs properties in the course of the wrongful ejection of the Plaintiffs from plot 37 Nsefik Eyo Layout on 13th July, 2001.

F. N10,000,000 (ten million naira) for the malicious destruction of the worship center at plot 37 Nsefik Eyo Layout constructed by the 1st Plaintiff with the suggestion, direction, consent and authorization of the Defendants jointly and severally.

G. N15,000,000 (fifteen million naira) special and general damages for the physical, mental, psychological and social torture and embarrassments suffered by the Plaintiffs and their family members between 13th July, 2001, and November, 2001, during the period of wrongful ejection of the Plaintiffs and their family members from the property situate at plot 37 Nsefik Layout.

H. A Declaration that the Plaintiffs are entitled to occupy plot 37 Nsefik Eyo Layout until the expenses incurred in completing the property is defrayed by annual rent of N70,000 (seventy thousand naira) as agreed by the parties with effect from January, 2001.

I. An injunction to restrain the Defendants, their agents, privies, workmen, etc., jointly and individually from disturbing the Plaintiffs at plot 37 Nsefik Eyo Layout until the defrayment of all the expenses incurred by the ‘Plaintiffs in completing the said property.

J. An Order for the Defendants, jointly and severally, to pay N50,000,000 (fifty million naira) to the Plaintiffs as expenses incurred for the completion of the property and compensation in form of damages for the destruction of the Plaintiffs properties from the property at plot 37 Nsefik Eyo Layout.

– ALTERNATIVELY –