Emeka Njokanma & Anor. V. Patricia Uyana (2006)

LawGlobal-Hub Lead Judgment Report

ZAINAB ADAMU BULKACHUWA, J.C.A.

By a writ of summons filed before the Asaba High Court on the 29/9/2004 the Respondent as Plaintiff claimed against the Defendants now Appellants the following reliefs;

1. A declaration that by virtue of Plaintiff’s marriage to late Mr. P. I. Uyana under the Marriage Act, the Plaintiff is a beneficiary to the Estate of Late Mr. P.I. Uyana and the Plaintiff has sufficient interest in the Estate of Late P. I. Uyana.

2. A declaration that the Defendant’s attempts to forcefully evict the Plaintiff from No.3, Shangotola Close, Asaba and/or take over the administration of the Estate of late P.I. Uyana, is illegal, unlawful and oppressive.

3. An order of perpetual injunction restraining the Defendants, their agents, privies, servants and thugs from further interfering with, or disturbing the Plaintiff’s possession of No.3, Shangotola Close, Asaba.

4. An order directing the defendants to account for any rent forcefully collected from the tenants of No.3, Shangotola Close, Asaba and directing the Defendants to return all personal properties of Late P. I. Uyana, removed by the Defendants to an unknown destination.

5. The sum of N50,000,000 (Fifty Million Naira) being damages for trespass.

On the same day 2/9/2004 the Respondent/Plaintiff filed before the same court an Ex-parte application whereby he prayed for this relief;

An order of interim injunction restraining the Defendants/Respondents, their Agents, Privies, Assigns, Servants and thugs from further trespassing into the Plaintiff/Applicant’s Matrimonial Home situate at No.3, Shangotola Close, Asaba or disturbing the Plaintiff/Applicant’s possession of all that property situate at No.3, Shangotola Close, Asaba pending the determination of the Motion on Notice.

The motion was heard and moved on the same day 2/9/2004 before Justice G. B. Briki – Okolosi of the Asaba High Court 4 by counsel to the Plaintiff E. O. Oghenejakpor and granted and the following orders made;

1. An Order of interim, injunction is hereby ordered to issue restraining the Defendants, their Agents, Privies, Assigns Servants and thugs from further trespassing into the Plaintiff/Applicant’s matrimonial home situate at NO.3, Shangotola Close, Asaba or disturbing the Plaintiff/Applicant’s possession of all that property situate at No.3, Shangotola Close Asaba pending the hearing and determination of the substantive suit.

2. The Plaintiff/Applicant is hereby ordered to enter an undertaking to pay damages in the Registry of this Court within 7 days from today if this order turns out to be frivolous.

3. The return day for the hearing of the Motion on Notice shall be 15/10/2004.

On being served with the writ of summons and the above enrolled order the Defendant felt aggrieved and appealed to this Court on this ground of appeal; Ground of Appeal.