Patrick Chukwudebetu Odeluga & Ors V. Chief Christopher Ofili Udo & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDUL-KADIR, J.C.A (Delivering the Leading Judgment)

This appeal was brought to this Honourable Court vide Notice of Appeal dated 5/4/2006 and filed on 7/4/2006 pursuant to the order of this Honourable Court on 3rd April, 2006 granting the Appellants’ application for extension of time to appeal against the judgment of the lower court as delivered by Hon. Justice C.O. Nweke of High Court of Justice Anambra State sitting at Onitsha on 7th April, 2004. The Notice of Appeal which gave life to the instant appeal is found at pages 217 to 226 of the record of appeal.

The historical background of this lingered litigation is briefly epitomized below.

The 1st set of Respondents in this appeal were the plaintiffs on record at the lower court. They commenced an action by civil summons on 9/12/83 at the Onitsha High Court of Justice against 2nd set of Respondents and the Appellants in this appeal. The Reliefs of the 1st set of Respondents sought against the Appellants and the 2nd set of Respondents (who were both Defendants at the lower court) are herein below set out for ease of reference.

(i) A declaration that the people of Nkpor have forfeited their right as seasoned farming tenants on the plaintiffs’ Okofia land.

(ii) N2000, 000.00 damages for trespass.

(iii) An order of injunction restraining the defendants, their servants and agents or any person claiming through them from entering or remaining on the plaintiffs’ Okofia land or from doing anything thereon or from in any manner whatsoever interfering with the plaintiffs rights of ownership and possession of the said land.

In the original structure of the case at the lower court, the 1st set of Respondents in this appeal were the Plaintiffs. The 2nd set of the Respondents were the 1st set of Defendants on record while the Appellants were the 2nd set of Defendants.

The trial Judge in his judgment of 7th April, 2004 ruled in favour of the Plaintiffs (herein simply referred to the 1st set of Respondents against the Appellants and the 2nd set of Respondents. The Appellants being aggrieved with the decision of the lower court initiated this appeal upon heavy reliance on the fact that they were shut out during the proceedings that gave vent to the judgment under review.

In compliance with the rules of this court, the parties filed, exchanged and adopted their briefs of argument in support of their respective positions in the matter. The Appellants’ Brief of Argument dated 30th May, 2011 and filed on 10th June, 2011 was settled by F.J. ONIEKORO ESQ. The Respondents’ Brief of Argument for the 1st set of Respondents dated 18th July, 2011 and filed on 18th July, 2011 was settled by V.A. IKEME ESQ. The Appellants’ Reply Brief of Argument dated 27th July, 2011 was settled by F.J. ONIEKORO ESQ. The Appeal was taken on 4th February, 2013 and reserved for judgment on the same date.

The Appellants formulated six (6) issues for determination in this appeal. The issues are stated thus:-

ISSUE 1

Whether the appellants were not denied right to fair hearing this case at the trial court? (grounds 1, 2, 3, 4, 11, 20, 23).

ISSUE 2