Chief Godfrey Ossai-ugbah & Ors V. Joseph Agolo (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is against the Judgment of the High Court of Delta State, holden at Obiaruku Judicial Division, which was delivered on March 6, 2012 in Suit No. HOB/6/2009. By the said Judgment, the lower court, coram the Hon. Justice MN Obi, dismissed the Appellant’s claim and granted the Respondent’s counter claim, to the effect that the Respondent was entitled to a customary Right of Occupancy over the parcel of lands known as Nos. 15A and 15B Ikpeteshi Street, Umutu, and perpetual injunction against the Appellants.

By the Writ of Summons and Amended Statement of claim thereof, dated 07/6/10, the Appellants sought against the Respondent the following reliefs –

i. A declaration that the Plaintiffs are under the native laws and custom of Umutu people, entitled to a customary Right of Occupancy over all that parcel of land known as and called No. 15 Ikpeteshi Street, Umutu.

ii. N1, 200,000.00 (One million and two hundred thousand Naira) as special and general damages in that sometime in year 2005, and continuing, the Defendant damaged the soak away of the 2nd Plaintiff as well as the Echibechi Shrine of the Plaintiffs and began to erect structures over the sites without the consent of the Plaintiffs, first had and obtained.

iii. An order of perpetual injunction restraining the Defendant by himself or through servants, agents and/or privies from entering the land and committing further acts of trespass thereon or in any way or manner from interfering with Plaintiffs’ legal rights over the land.

By the Statement of Defence dated 07/7/10, thereof, the Respondent not only denied the (Appellants’) claim, but also counter claimed against the Appellants for the following reliefs:

i. A declaration that the defendant/counterclaimant is entitled to statutory right of occupancy over the parcels of land known as 15A and No 15B, Ikpeteshi Street, Umutu and the adjoining land wherein the defendant has built a new house.

ii. The sum of N5,000 being general damages for trespass into the said land.

iii. An order of perpetual injunction restraining the plaintiffs, agents, privies or howsoever described from further interfering with the defendants-claimants lawful and peaceful possession and enjoyment of the said land.

Pleadings were filed and duly served by the respective parties. The suit eventually proceeded to trial. At the end of the trial, the lower court delivered the vexed Judgment in question on 06/3/12, to the conclusive effect, thus:

All in all, the claimant’s claim fails and it is dismissed. The counter claim of the Defendant succeeds. Judgment is hereby entered for the Defendant as follows:

a. It is hereby declared that the Defendant is entitled to customary Right of occupancy over the parcels of land known as No. 15A and No. 15B, Ikpeteshi Street, Umutu and the adjoining and wherein the Defendant has built a new house.

b. Perpetual injunction restraining the claimants, their servants, agents and/or such other persons acting or claiming through and under them from further trespassing on the land in dispute is hereby ordered.