Alphonsus Nwandu Ugwuegbu & Anor V. Daniel Ehioma & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

The action leading to this appeal was instituted by the Respondents as claimants vide writ of summons issued out of Imo State High Court of Justice sitting at AFOR ORU in AHIAZU MBAISE JUDICIAL DIVISION on 13th day of July 2007 wherein the said Respondents claimed against the Appellants as Defendant as follows:

“1. A Declaration that the Plaintiffs are entitled to the right of occupancy over that piece or parcel of land known as “Ala Ishi Orji” situate at Amakpaka, Nnarambia.

2. Fifty Thousand Naira being damages for trespass.

3. Perpetual injunction restraining the Defendants from further trespass into the aforesaid land.

The first relief was later amended to read:

1) A Declaration that the claimants are entitled to the right of occupancy over the piece and parcel of land known as “ALA ISHI ORJI” situate at AMAKPAKA NNARAMBIA, AHIAZU MBAISE within the jurisdiction of the Court.

The Appellants filed JOINT STATEMENT OF DEFENCE AND COUNTER CLAIM. The counter claim which was on behalf of the 1st Appellant is as follows:

“WHEREFORE the 1st Defendant Counter Claims against the Plaintiffs the following reliefs:

1) A Declaration that the 1st Defendant is entitled to the right of occupancy over that piece or parcel of land known and called “Okeohia Amadioha Ugwu-egbu” situate at Amakpaka Nnarambia Ahiazu Mbaise within Jurisdiction of the Honourable Court.

2) N50, 000,000.00 being damages for trespass.

3. Perpetual Injunction restraining the Plaintiffs, their agents, privies, workmen and servants from further trespass into the land in dispute”

The matter proceeded to trial at the end of which the learned trial judge Hon. Justice F. I. DUROHA IGWE delivered a considered judgment on 12th day of March 2012. The learned trial judge made the following findings:

“My findings are