Eld. Barr. Agan A. Annah & Ors V. Mr. Ishie O. Uso & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAFARU MIKA’ILU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Cross River State, Calabar Judicial Division contained in the judgment of Wednesday, the 10th day of January, 2007 in suit NO: HC/165/2004. By a writ of summons dated and filed contemporaneously with the statement of claim on the 4th May, 2004, the 1st and 2nd respondents herein, as plaintiffs, sued the 3rd respondent herein, as defendant, at the trial court. The claims of the 1st and 2nd respondents as endorsed in the amended writ of summons and paragraph 15 of the amended statement of claim are as follows:-

(a) A DECLARATION that the 1st plaintiff as the senior surviving male member of Chief Offiong Okoho Uso’s family remain (sic) the undisputed Head of the said family in whom TITLE to Chief Offiong Okoho Uso’s family land now inheres for the use, benefit and enjoyment of himself, as well as other surviving children of late Chief Offiong Okoho Uso as principal members of the family.

(b) A DECLARATION that the plaintiffs as children of late Chief Offiong Okoho Uso are his customary successors under Efik native law and customs and are entitled to the use, benefit and enjoyment of the said Chief Offiong Okoho Uso’s family land and are therefore entitled to the

STATUTORY RIGHTS OF OCCUPANCY in respect of the same.

(c) A DECLARATION that the 1st Defendant as the 8th Grandson and 11th grandchild of plaintiffs’ late father has neither TITLE, POWER NOR RIGHT to sell, convey, lease alienate or otherwise dispose of the plaintiffs’ family land to any person under any guise whatsoever.

(d) A DECLARATION that the 2nd defendant as a cousin to the plaintiffs has neither TITLE, RIGHT or any recognizable interest in, nor is he entitled to quarrel STATUTORY RIGHT OF OCCUPANCY in or over CHIEF OFFIONG OKOHO USO Family Land.

(e) AN ORDER OF COURT setting aside all instruments executed by the Defendants jointly and severally whether by way of DEED or otherwise purporting to sell, lease, grant, convey or otherwise alienate nay portion of the plaintiffs’ said family land.

(f) N10,000,000.00 (Ten Million Naira) being SPECIAL AND GENERAL DAMAGES for Trespass.

(g) AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants either by themselves, agents, privies, servants or hirelings from alienating or otherwise disposing of the plaintiffs said family land and from indulging in further acts of trespass such as removing and destroying Beacon stones, survey and Boundary Marks or from doing any further acts or thing, whatsoever in or upon the rights and interests of the plaintiffs (see pages 64-65 and 68-69 of the record)

The 4th respondent who was subsequently joined in the case on his application counter-claimed for as follows:-

(i) A DECLARATION that the plaintiffs and the 1st Defendant unlawfully an improperly used their position as members of the late CHIEF OFFIONG OKOHO USO family and OBONG USO ISHIE family to appropriate to themselves and plunder the large expense of the land called USUNG IDUNDU same being the beneficial property of the parties here to including the 2nd Defendant.

(ii) A DECLARATION that the entire expansive parcel of land situate and being at USUNG IDUNDU in Ikot Ishie Calabar and measuring approximately 48.161 Hectares and more particularly described, and delineated in a survey Plan NO: JEJ/CR/355 dated 1986 and drawn licensed Surveyor J. J Asuquo is the customary, traditional and lawful and bonafide property of late OBONG USO ISHIE, the grandfather of all parties herein.

(iii) An order setting aside any survey plan, documents or CERTIFICATE OF OCCUPANCY purporting to grant or convey the ownership of the entire expensive parcel of land situate at ‘USUNG IDUNDU/Obot Enechi,” Ikot Ishie the subject matter of this suit on late Chief OFFIONG OKOHO USO or any other person or persons claiming therefrom.