Chief (Dr) R.N.A. Ubani-ukoma & Ors V. Seven-up Bottling Company Plc & Anor (2009)

LawGlobal-Hub Lead Judgment Report

SULEIMAN GALADIMA, J.C.A.

 This is an appeal against the judgment of I.F. OGBUAGU (J) (as he then was) of the High Court of Abia State sitting at Aba delivered on 1/11/2000 in Suit No. A/169/88. The plaintiffs (hereinafter “the Appellants”) had claimed in a land suit against the Defendants (hereinafter “the Respondents”) in their amended statement of claim, found at pages 100-101 of the Records, the following declaratory reliefs and damages:

“(a) Declaration that the 1st set of plaintiffs are the proper persons entitled to apply for and receive STATUTORY RIGHT OF OCCUPANCY of the piece or parcel of land known as and called “OVORO EGBELU” situate at UMUOLA village in Abayi Community Obingwa Local Government Area within the jurisdiction of this Honourable Court.

(b) A declaration that the 4th plaintiff is by Ngwa Native Law and custom one of the descendants of “OLA” the original owner of OVORO EGBELU land situate at Umuola village in Abayi community of Obingwa Local Government Area.

(c) N100,000.00 (one hundred Thousand Naira) being general and special damages in that on or about the month of December, 1987 and on diverse days before and thereafter the Defendants by themselves, their agents, and/or workers broken and entered into that piece or parcel of land brushed same, uprooted all the economic trees thereon, lid (sic) foundation for warehouse without the consent of the 1st set of plaintiffs who have been in peaceful possession of the said parcel of “OVORO EGBELU” land for many years.

See also  Idris Rabiu V. The State (2004) LLJR-CA

i. Cost of labour to brush land N140.00

ii. 200 matured oil palm trees at N1,000.00

iii. 800 ububa, otiri, and Ahaba trees uprooted by the Defendants at 50k each – N400.00

SPECIAL DAMAGES – N1, 540.00

GENERAL DAMAGES – N98,460.00

TOTAL – N100,000.00

(d) Perpetual injunction restraining the Defendants their agents, workers and/or servants from committing further acts or trespass on the said “Ovoro Egbelu” land property of the 1st set of plaintiffs”.

The 1st Respondent a limited liability company has claimed that it was on the disputed land by the authority of the Government of old Imo State of Nigeria. It applied to the trial court for the joinder of the 2nd Respondent as a party to the proceedings and he was so joined. The Respondents raised defence of compulsory acquisition of the land in dispute by the Government of Imo State.

After a full hearing, the learned trial judge in his judgment concluded at page 224 of the Record as follows:

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