Okwuchukwu Chukwujekwu & Anor V. Edwin Anazodo & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Hon. Justice M. I. Onochie delivered on the 20th day of July 2012 at the Anambra State High Court, holden at Nnewi.

SYNOPSIS OF FACTS

By Writ of Summons and in Paragraph 17(a) of the Statement of Claim filed by the Plaintiffs (Respondents in this Appeal) on the 21st of July 2010, they claim against the Defendants (Appellants in this Appeal) the following:

a) DECLARATION that the Agreement entered into between the Plaintiffs’ father and Defendant on the 3rd day of June 1973 has been frustrated by the Construction of the Onitsha Owerri road as a result of which the building erected by reason of the agreement was demolished by the Federal Ministry of Works.

b) N4,000,000,00 (Four million naira) being general damages for trespass committed by the Defendants on the Plaintiffs land at Ogwugwuezeana Ibolo Oraifite and their erection by fence of a building therein.

c) Perpetual INJUNCTION restraining the Defendants, their servant, agents or privies from trespass or further trespass into the said land.

d) Any

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other relief the honourable Court may deem fit to make according to the circumstances of this case.

FACTS RELEVANT TO THE APPEAL

By an agreement entered into by the father of the Respondents on the one part, and the Appellants on the other part, the Respondents’ father provided his parcel of land situate and being at Ogwugwuezeana Ibolo Oraifite, for the Appellants to erect six (6) commercial shops and six (6) stores plus bathrooms, kitchen and latrine.

The agreement further provided that upon completion, the building will be divided into two, the Respondents’ father taking the commercial shops and three stores, while the Appellants will take three commercial shops and three stores. The Appellants were to retain their three shops and three stores forever.

The parties enjoyed their respective buildings after completion, until the death of the Respondents’ father.