Esiegbuya Solomon & Ors V. Etsede Monday & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A.: (Delivering the Leading Judgment)

The claim of the appellants who were plaintiffs at the Delta State High Court of Justice, holden at Warri, was that they represent the Gbokoda Zion as a section of the Gbokoda Community in Warri North Local Government Council of Delta State. Hence, they are entitled to 40% of all entitlements, due to and payable to Gbokoda Community from any person, group of persons, corporate bodies, Government and/or companies operating and carrying on business in Gbokoda Community pursuant to an agreement between them and the respondents sometimes in 1997.

The appellants further claimed that the respondents who represent the Gbokoda town of Gbokoda community had unilaterally altered the sharing formula of 60% to them and 40% to the appellants to 80% to the respondents and 20% to the appellants. Hence, the appellants took out a writ of summons against the respondents on 11th February, 2002, praying for certain declaratory reliefs, as contained in the extant further Amended statement of claim.

The respondents, denied the claim and in their Further amended statement of defence, they contended that there is no where known as Gbokoda Zion as a section of the Gbokoda community and that Gbokoda Zion is only a church known as Zion Mission Church in Gbokoda; hence it is not entitled to 40% share of whatever entitlements that are due to the Gbokoda Community. The respondents also filed a counter-claim whereof they prayed for certain declaratory reliefs.

The parties filed and exchanged their pleadings. They also led evidence viva voce and documentary exhibits were admitted in evidence at the trial. Learned counsel to each side addressed the court. At the end, in its judgment, the court below dismissed the appellants’ claim. The respondents’ counter claim succeeded in part.

This appeal is sequel to the judgment of the court below, delivered on 14th July, 2006. The appeal is erected on sixteen (16) grounds of appeal.

The appellants’ brief of argument settled by J. O. Aikpokpo-Martins, Esq., was dated 21st April, 2010 but filed on 22nd April, 2010 and deemed as properly filed and served by this court on 11th June, 2012. In it, twelve (12) issues were nominated for determination as follows:

“(1) Whether the Learned Trial Judge was right when she held that the Appellants were not able to show that they are entitled to 40% of all benefits, entitlements, benefits, gifts, compensation due to Gbokoda Community. OR that there was no existing sharing formula or 60% – 40% (Grounds 2 and 7).

(2) Whether the Learned Trial Judge was right when she held that Suit: W/238/99 was to challenge the illegal actions of the Appellants. (Grounds 7 & 9)

(3) Whether the Learned Trial Judge was right when she held that the Appellants were a Church in Gbokoda Community and not a section of the Community, (Ground 15, 8 & 3)

(4) Whether the Learned Trial Judge did not misdirect herself when she foiled to make finding on the failure of 1st Defendant/Respondent to give evidence. (Ground 13 & 5)

(5) Whether the Learned Trial Judge was right when she held that the Appellants were not from Gbokoda town (Grounds 3, 4 and 6)

(6) Whether the Learned Trial Judge did not misdirect herself when she placed heavy reliance on Exhibit PP to hold that the Respondents were able to trace the original roots of the families making up the 4 quarters of Gbokoda Community. (Ground 5)

(7) Whether the Learned Trial Judge was right when she relied on Exhibit E1, having held that it was an inadmissible document (Ground 12)