Jacob K. Vuaghogho & Ors V. Ejimi Tuacha & Ors (2008)

LawGlobal-Hub Lead Judgment Report

SAKA ADEYEMI IBIYEYE, OFR J.C.A.

This is an interlocutory appeal filed on 8th August, 2001 against the ruling of G.C. Akoro J, of the Ughelli Judicial Division of the Delta State High Court of Justice.

It is pertinent to state, albeit, briefly, the facts of the substantive case which judgment led to the instant appeal. Thus, in the writ of summons, the plaintiffs now appellants severally and jointly sought the following reliefs:

“1. The sum of N100, 000.00 (One Hundred Thousand Naira) only being special and general damages suffered by the plaintiffs from wanton trespass perpetuated by the defendants, when in or about March, 1981, the defendants, by themselves, their servants, workmen, agents and/or their privies wrongfully and unlawfully broke and entered a piece or parcel of land in possession of the plaintiffs lying and situate at Aladja in Udu Clan in the then Ethiope Local Government Area now Udu Local Government Area of Delta State and destroyed/damaged plaintiffs’ properties, deposited sand and/or installed offensive structures thereon.

2. An order of perpetual injunction restraining the defendants by themselves, their privies and all persons claiming through and/or under them from entering/remaining and/or in any way interfering with plaintiffs’ peaceful possession of the aforesaid piece or parcel of land.

3. Other suitable reliefs.”

The matter went into trial whereby several witnesses testified on behalf of the plaintiffs and the defendants.

The learned counsel for the parties addressed the Court which in its reserved and considered judgment delivered on 15th January, 2001, held, inter alia:

“Having held that the defendants broke into the land of the plaintiff as shown in Exhibit B, I hold further that they are entitled to general damages. I hereby make an award of N30, 000.00 to the Plaintiffs as general damages.

The defendants are also restrained by themselves, their agents, servants or privies from further interfering with the plaintiffs’ land verged Pink in Exhibit B and from further depositing sand or installing any offensive structure on the said land which they by their pleading and evidence did not dispute.”

The defendants were dissatisfied with the judgment delivered by Rosaline P.I. Bozimo (Mrs.) J. (as she then was). On the 22nd January 2001, they appealed to Court No. 1 of Ughelli High Court of Delta State. The defendants appeared to have subsequently realized the baselessness of their appeal and abandoned it. It therefore follows that there is no longer any appeal against the judgment of the Ughelli Court delivered on 15th January, 2001.

In these circumstances the plaintiffs/appellants, on 7th August, 2001 sought to enforce the judgment given in their favour on 15th January, 2001 by levying execution.

The following day, being 8th August, 2001 the defendants/respondents filed a motion on notice and sought the following reliefs:

“1 . An order fixing this motion for hearing and determination as an urgent application having regard to all the facts and circumstances.