Adiaha Emmanuel Essien V. Nathan Essien Etukudo (2008)

LawGlobal-Hub Lead Judgment Report

JEAN OMOKRI, J.C.A.

This is an appeal against the judgment of Andrew Okon, J., of the High Court of Akwa Ibom State in Suit No. HEK/144/98 delivered on 27/4/2006.

The present respondent as the plaintiff at the court below, instituted proceedings against the present appellant, who was then defendant. In paragraph 24 of the statement of claim, the respondent claimed as follows:

“(a) A declaration that the plaintiff is entitled to the statutory Right of Occupancy of the piece or parcel of land with the building thereon lying, situated at and known as No. 1 Ekereuwem Street Eket in Eket Local Government Area.

(b) Perpetual injunction restraining the defendant by herself, agents, servants, privies and/or her successors in title from ejecting him from the house/land in dispute.”

The appellant in paragraph 30 of her statement of defence filed a counter claim as follows:

“(a) A declaration that the defendant is the owner and in possession of all the property situate, lying and being at No. 1 Ekereuwem Street, Eket and covered by the defendant’s plan of land in dispute filed herewith and as covered by the Certificate of Occupancy No. EK/925/84 of 28/9/84.

(b) Injunction to restrain the plaintiff, his agents, privies, servants, children or whatever so called from disturbing the defendant’s peaceful possession and enjoyment thereof and from further act of trespass and except as permitted or authorized by the defendant.”

The respondent also filed a reply to the statement of defence (see pages 12 – 15 of the record).

At the hearing of the case at the court below, the respondent testified on his own behalf as PW1 and called two other witnesses, that is, PWs 2 and 3. The appellant, herself testified as DW1 and called three other witnesses who testified as DW2, DW3 and DW4. At the conclusion of the hearing, counsel to the parties filed written addresses. See pages 23 – 31 of the record.

The court after reviewing the evidence and address of counsel in the case entered judgment for the respondent and made the following declarations:

“(1) I declare that the plaintiff is entitled to the statutory Right of Occupancy of the piece or parcel of land lying and situate at and known as No. 1 Ekereuwem Street, Eket in Eket Local Government Area. Consequently the Certificate of Occupancy No. EK/325/84 issued over the land in favour of the defendant (sic) is hereby cancelled.

(2) I declare that the plaintiff is the absolute owner of the two-bed room flat in the main building on the land.

(3) I declare that the defendant is the absolute owner of the three bedroom flat in the main building and the separate store on the land.