Godwin Peter Oduok & Ors V. Paulinus B. Ekong (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the judgment of the High Court of Akwo Ibom State Holden of Eket, delivered in suit No. HEK/72/98 on the 1st day of February, 2010 in favour of the respondent/plaintiff.

The plaintiff commenced this action in the High Court, Eket, Akwa Ibom State seeking as Per his Statement of claim filed on the 4th day of November, 1998 for the following:-

(a) A declaration that the plaintiff is entitled to statutory Right of Occupancy in respect of all that piece or parcel of land called “NDON ODUOK” being lying and situate at Ikot Ebok in Eket Local Government Area and more particularly described in survey Plan No 03.9 AK/08/0047 D thereon and verged Pink.

(b) A declaration that the alienation of the land in dispute by the 1st – 7th defendants to the 8th defendant are null and void and of no effect whatsoever.

(c) The sum of N1, 000,000.00 (One Million Naira) being damages for trespass.

(d) Perpetual injunction restraining the defendants and/or agents or otherwise from entering, occupying or using the said land in dispute.

On the 14th day of October, 2009, the trial court delivered its ruling. The Defendants/appellants aggrieved by the judgment of the trial court appealed to this court by filing Notice of Appeal containing 4 grounds of appeal on the 1st day of March, 2010.

Before this court briefs have been filed and exchanged. In the appellant’s brief of argument the issues formulated for determination of this appeal read as follows:

(1) Whether the learned trial Judge was right to hold that “Ndon Oduok Akpaduatang” was not family land but the property of the plaintiff / respondent.

(ii) Whether the land known as and called “Ndon Oduok Akpaduatang” had been shared to members of Oduok family.

(iii) Whether the letter of administration can confer title to the plaintiff /respondent where the root of title is defective.

On the other hand the issue formulated for determination in the respondent’s brief of argument is whether the learned trial Judge was not right in holding that the land in dispute is the land of the plaintiff. I will determine this appeal by considering the issues as formulated in the appellant’s brief of argument.

It is to be noted that the land in dispute as agreed by the parties is called “Ndon Oduok” or “Ndon Oduok Akpaduatang” situate along Inyang Etuk in Ikot Ebok in Eket Local Government Area. Both parties are in agreement as to the original settler or founder of the land in dispute. It is D.W1’s evidence that there is just one Ndon Oduok in the family.