Mr. Augustine Edet Nyong v. Dr. Immaculata Obaji (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NNAMDI OKWY DIMGBA, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Justice of Cross River State (trial court) sitting in Calabar in suit No: HC/06/2020 delivered by A. M, Obi on the 11th of October, 2021 wherein the trial court dismissed the appellant’s claim and granted the counterclaim of the respondents.

The notice of appeal which initiated this appeal was filed on 29/12/21 and contains 6 grounds of appeal against the decision of the trial court, including the omnibus one that judgment of the trial court was against the weight of evidence.

The record of appeal was transmitted on 03/11/22, paving the way for the filing of the appellant’s brief of argument on 30/11/22 and reply brief on 01/02/23. These were settled by I. Idem, Esq.

The respondent’s brief of argument was filed on 19/01/23, but deemed properly filed and served on 03/02/25. This was settled by Raymond A. Manga, Esq.

On 10/02/25 when the appeal came up for hearing, the respective counsel adopted their briefs of argument, adumbrated on the same, with the appellant’s counsel urging the court to allow the appeal and set aside the judgment of the trial court, and the respondent’s counsel urging otherwise.

The appeal was then reserved for judgment.

Factual background

The brief facts of this appeal are that the appellant as plaintiff filed a writ of summons on 16/01/20 before the trial court against the respondent as defendant over a parcel of land in Calabar metropolis seeking the following reliefs:

1. “A declaration that the claimant is the owner of a piece of land lying and situate along Ndidem Usang Iso Extension, Ikot Effanga Mkpa, Calabar Municipality Cross River State measuring approximately 3932.654 square metres as shown in Survey Plan No. JUB/CR/1008/15 dated 11th May, 2015 in the name of the claimant, Mr. Augustine Edet having acquired same from Messrs Edet Effanga Etirnr Effanga Effanga Etim and Nta Effanga Etim of No. 152B old Odukapni Road, Ikot Effanga Mkpa, Calabar Municipality Cross River State by entering a Deed of Conveyance on the 29th day of May, 2015.
2. A declaration that the acts of trespass to the claimant’s land along Ndidem Usang Iso Road Extension, Ikot Effanga Mkpa, Calabar Municipality Cross River State as described in Survey Plan No. JUB/CR/1008/15 dated 11th May, 2015 with approximately 3932.654 square metres by the defendant is illegal, immoral, unconstitutional and a negation of the claimant’s right to peaceful possession and enjoyment of his property.
3. An order of perpetual injunction restraining the defendant by herself, agents, servants, privies, assigns or successors in title from continuing with her acts of trespass to and leasing of the claimant’s land lying and situate along Ndidem Usang Iso Road Extension, Ikot Effanga Mkpa, Cafabar Municipality Cross River State with an area of approximately 3932.654 square metres as described in Survey Plan No, JUB/CR/1008/15 dated 11th May, 2015.
4. The sum of N5,000,000.00 (Five million naira) being general damages for the defendant’s acts of trespass to the land of the Claimant along Ndidem Usang Iso Road Extension, Ikot Effanga Mkpa, Calabar Municipality Cross River State with an area of approximately 3932.654 square metres as described in Survey Plan No. JUB/CR/1008/15 dated 11th May, 2015 without the knowledge, consent or authority of the claimant.
5. The sum of N500,000.00 (Five hundred thousand naira) being cost of litigation.”

Parties filed and exchanged pleadings. Not only did the respondent file a statement of defence on 16/03/20, she also incorporated a counterclaim in which she sought the following reliefs:

1. A declaration that the defendant is the owner of the piece and parcel of land shown in survey plan No. MA/CR/012/ 001 dated 20/01/2012 lying and situate at Water Intake Road, Ikot Effanga Mkpa, Calabar.
2. A declaration that the action of the claimant constitutes trespass to defendant’s piece and parcel of land,
3. An order of perpetual injunction restraining the claimant, servants privies, etc from further acts of trespass of defendant’s piece and parcel of land.
4. N50,000,000 (Fifty million naira) only being general and exemplary damages for trespass,
5. N10,000,000 (Ten million naira) only for the emotional and psychological trauma, hardship, opprobrium, etc arising from claimant’s actions.
6. 20% monthly interest on judgment sum until the Judgment sum is fully liquidated,
7. N2,000,000 (Two million naira) cost of prosecution of this action.

At trial, the appellant called two witnesses (CW1 – CW2) and tendered 7 exhibits (Exhibits C1 to C7). The respondent called four witnesses (DW1 – DW4) and tendered 8 exhibits (Exhibits D8 to D15). In his judgment upon conclusion of trial, the trial Judge dismissed the claims of the appellant as unmeritorious, but sustained the counterclaim of the respondent.

He granted reliefs 1 to 3 of the counterclaim, and also relief 4 on general damages which was assessed at N1,000,000.00 (One million naira) instead of the N50,000,000.00 (Fifty million naira) claimed. See pages 156 to 179 of the record for the judgment of the trial court. The court’s final conclusion from all that it had seen was that:

From the preponderance of evidence before the court that the claimant’s plot starts where the defendants plot stops as demarcated to her on her survey plan No. MA/CR/012/001 dated 20/1/2012 which is the same as plan No. MA/010/022 OF 2/2/2010 showing an Area of 1032.555 sq. Metres with beacon stones SC/CR D3162C, SC/CR D3153C, SC/CR D3164C and SC/CR D3165C. This is so because her title is first in time to that of the claimant in this case.”

It is the appellant’s dissatisfaction with the above decision of the trial court on the dispute between the parties that triggered this appeal vide the appellate originating processes already identified.