Ahembe Acho V. Ioryina Ukagye (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED A. DANJUMA J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Justice, Benue State sitting in its appellate capacity at Vandeikya. The Judgment is contained in Suit No. VHC/2A/2000 and was delivered on 22nd March 2002 and is contained on pages 42-50 of the Record of Appeal.

Before I proceed, it is imperative to state that the Appellant had sued the Respondent before the trial Area Court Grade II, Korinya claiming a declaration of title and perpetual injunction restraining further trespass to a piece of farmland, situate at Mbamondu, Mbakule (see page 1 of the record. The Respondent counter claimed title to the same piece of land which he claimed was situate at Mbager, Magile (page 2 of record).

The trial Area court heard evidence and visited the land and decreed title in favour of the Appellant and dismissed the counter claim as not proved.

The evidence of the parties is at pages 7 – 21 while the notes of the inspection at locus in quo (of the land) are on pages 22-23. The Respondent appealed and the decision was set aside.

This appeal is against the decision of the High court sitting at Vandeikya (on its appellate Jurisdiction) setting aside the trial court’s Judgment and entering Judgment on the counter claim.

Now, the present appeal stems from the dissatisfaction of the Appellant.

By leave of the court below granted on 10/5/2003 (page 52) the Notice and grounds of appeal filed, however contained 8 grounds and are undated. See, the records.

By motion dated 21/6/2012 and filed same date by the Respondent and granted by this court, supplementary records (which is in the record) were transmitted.

The Appellant had also futilely tried to bring in a supplementary record, but had withdrawn the application for one reason or the other.

The Lower Court had held in the concluding part of the Judgment as follows: –

“For all we have stated in this Judgment, the decision of the trial court cannot stand. This appeal succeeds in its entirety and the Judgment and orders of the trial Grade II Area Court (now Grade I) Korinya are hereby set aside. The counter claim of the Defendant/Appellant was proved before the trial court. The counter claim is hereby upheld’.

At the hearing, the Appellant formulated 2 issues for determination to wit: –

1) Whether the decision of the trial Area court Korinya was not supported by evidence and was so perverse that the appellate High Court was justified in setting aside that decision, and in proceeding to enter Judgment for the Respondent on his counter claim (covered by grounds 3, 4, 5 and 7 of the appeal).