Jude Onyemaechi Obuladike V. Gabriel Eloka Nganwuchu (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Anambra State in the Idemili Judicial Division holden at Ogidi, presided over by Honourable Justice J.I. Nweze, delivered on 18th day of November 2008.

The appellant as plaintiff by a writ of summons dated and filed on 15th day of June 2004 claimed against the Respondents as follows:

(a) A declaration that the Plaintiff is entitled to a statutory right of occupancy in respect of ALL THAT piece or parcel of land lying being and situate at Okwuagadinwanya Obosi commonly known as and called OLILEOJI LAND WITHIN Awada Layout Obosi, the dimension, size and abuttal of which are known to the parties and not in dispute and more particularly shown in survey plan No. TLS/AN/LS49/93 and further described in the litigation survey plan filed in this suit.

(b) An order of perpetual injunction restraining the Defendants, his agents, servants, privies, thugs or any other persons claiming or acting for the Defendant from entering, frustrating or vexing the plaintiff or continuing to disturb, interfere, harass, enter, frustrate or vex the plaintiff, his agents, servants or any person claiming through or from the plaintiff, from the use, enjoyment and occupation of ALL THAT piece or parcel of land lying being and situate at Okwuagadinwanya Obosi commonly known as and called Olileoji land within Awada layout Obosi, the dimension, size and abuttals of which are known to the parties and not in dispute and as further shown in the litigation plan filed in this suit.

(c) The sum of N2,000,000.00 general and special damages for trespass.

The appellant repeated his above claims in his statement of claim dated 4/12/2006 filed along with litigation plan on 5/12/2006. In compliance with the High Court Civil Procedure Rules of Anambra State 2006, the appellant filed written statement on oath/deposition of witnesses, list of witnesses and copies of documents to be relied on.

On 26th July, 2007, the Respondents filed his statement of defence and counter claim dated 12th July 2007 as well as the Respondent’s list of witnesses, documents written depositions on oath, and litigation plan. The Respondent counter-claimed as follows:-

(a) Declaration that the Defendant is entitled to the Statutory Right of Occupancy over the two (2) Plots of land lying, being and situate at Mkputunkpu Ugwu Ololoji land, Obosi and covered by Survey plan No. AC/AM/146/2004 and further described in the litigation Survey Plan No. AC/LD/39/2007 filed with this statement of Defence.

(b) An order of perpetual injunction restraining the Plaintiff, his agents, privies, servants and/or thugs from disturbing, whatsoever interfering with the Defendant’s use, enjoyment and occupation of all that two (2) plots of land lying being and situate at Mkputunkpu Ugwu Ololoji land, Obosi and covered by survey Plan No. AC/AM/146/2004 and further described in the litigation survey plan No. AC/LD39/2007 filed along with this Statement of Defence.

(c) General damages of N2,000.000.00.

(d) Special damages of N948,150.000.00.

The appellant thereafter filed a reply to the Statement of Defence and Counter Claim on 18/1/2008 as well as further Statement on Oath of the Plaintiff s witness to which the Respondent reacted by filing two additional statements on oath on 25/5/2008. The appellant in reaction thereto filed three additional statements on oath of his witnesses and further list of documents on 9/6/2008.

The case proceeded to trial at which the appellant testified in person and called three (3) other witnesses. The respondent also testified in person and called four (4) other witnesses. On the conclusion of the trial, the parties filed and exchanged their written addresses. These were adopted at the oral hearing of the suit.