Chief Sampson Aniagu & Ors. V. Stephen Ugwu & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of I. A. Umezulike (OFR) Chief Judge of Enugu State delivered on 5th day of July, 2006.

The Brief fact of the case is as follows:-

The Respondents as Plaintiffs in the lower Court instituted an action by way of Writ of Summons dated 3rd June 2002 claiming from the appellants as defendants:-

(1) Declaration that the plaintiffs are entitled to Customary/Statutory Rights of Occupancy over the pieces or parcels of land known as “NGENE UKWA” and or “AGU UWANI” Land situate at Akwuke in Enugu South Local Government Area of Enugu State.

(2) N100,000,000 (One hundred Million Naira damages for trespass.

(3) Injunction restraining the defendants, their servants, Agents and/or privies from any act of trespass on the pieces or parcels of land known as “Ngene Ukwa” and “Agu Uwani” situate at Akwuke in Enugu South Local Government Area of Enugu State.

Pleadings were subsequently ordered, filed and exchanged.

The defendants now (appellants) thereafter filed a Notice of preliminary objection dated 16/1/2006 wherein they objected to the hearing of the suit on the ground that the lower court had no jurisdiction to entertain same. The reason being that:-

(a) The subject matter in dispute has been litigated upon before, between the plaintiffs and the 1st set of defendants.

(b) The suit is thereby affected by Res JUDICATA

(c) The Plaintiff in the suit has neither right of action nor locus standi in the suit.

The Notice of preliminary objection was supported by a 10 paragraph affidavit and one exhibit attached therewith.

The Plaintiffs reacted by filing an 11 paragraph Counter affidavit, Written addresses were subsequently proffered by both parties and the Chief Judge in a considered Ruling delivered on 5/7/2006 concluded thus:-