Alfred Nwanguma & Anor V. Akor Ikyaande & Ors (1992)

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ALOYSIUS IYORGYER KATSINA-ALU, J.C.A. 

On the 29th March, 1988 the appellants who were plaintiffs at the Katsina-Alu High Court brought this action against the respondents as defendants, in a representative capacity. The plaintiffs for themselves and as representatives of the Non-Tiv Palm Oil Traders in Adikpo claimed against the defendants jointly and severally as follows:

“(1) injunction to restrain the defendants jointly, their servants, agents, workers or otherwise howsoever from preventing the plaintiffs and those they represent from carrying on their lawful trade in palm oil in the Adikpo market and its environs and from in anyway whatsoever interfering with the plaintiffs’ constitutional rights to peaceful assembly and association and freedom from discrimination as enshrined in Sections 37 and 39 of the Constitution of the Federal Republic of Nigeria 1979.

(2) Damages.”

After pleadings were ordered, filed and exchanged the matter went to trial.

At the conclusion of the hearing and after counsel’s addresses and submissions, the learned trial Judge gave careful consideration to the totality of the evidence adduced and to all the submissions made on behalf of the plaintiffs and came to the conclusion that the plaintiffs’ claim lacked merit. He consequently dismissed the claim with N100.00 costs. Being dissatisfied, the plaintiffs have appealed to this court upon a number of grounds.

The short facts of the case are these. The plaintiffs are Ibos trading in palm oil and are based in Adikpo in Kwande Local Government Area of Benue State. The defendants who are Tiv are alleged to belong to a rival palm oil group of traders. A futile attempt was made to merge and have a single union. As a result of the rancour between the two, the plaintiffs alleged that on the 21/3/88 the defendants chased away the plaintiffs from the Adikpo main market and further stopped their customer from purchasing oil from them. In the fracas that ensued, the plaintiffs further alleged that the defendants carted away three jerry cans of palm oil valued at N600.00 belonging to the plaintiffs and those they represent. Following the alleged disturbance, the police arrested and prosecuted the defendants at the Senior Magistrate’s Court for the offence of inciting disturbance, Suit No. MCA/175c/86; the defendants were acquired and discharged. The was no appeal against the acquittal.

Arising from the grounds of appeal filed, the plaintiffs in their brief of argument filed on 20/12/90 formulated four issues for determination in this appeal and they are as follows:

“(1) Whether the trial court was right in dismissing the appellant’s claim for injunction when there was credible evidence that the respondents interfered with the appellants’ trading business in Adikpo main market on the 21/3/86 and on various other days with the threat to continue the interference.

(2) Whether the trial court was right in holding that “the statement of claim does not contain any facts allege that the defendants interfered with the plaintiffs’ trading business in the environs of Adikpo.

(3) Whether the trial court was right in applying and relying on the proceeding in Exhibit 1 (record of proceedings of a criminal case) before it, to this case.

(4) Whether having regard to circumstances of this case, the appellants were not entitled to be awarded general damages.

The defendants on the other hand raised the following issues in their brief of argument:

“(1) Did the plaintiffs/appellants prove by cogent evidence that they are entitled to the relief of an injunction?