Anietie Peter Etim & Ors V. Edet Effiong Umoh & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment)

At the High Court of Akwa Ibom State, Uyo Judicial Division, the first respondent in this appeal [as plaintiff] claimed declaratory; injunctive and monetary reliefs against the second respondent in this appeal [who was then the first defendant] and the appellants herein [who were the second; third and fourth defendants, respectively]. The plaintiff settled, filed and served his Statement of Claim on the defendants.

The appellants herein [as second, third and fourth defendants] filed a joint Statement of Defence. They, equally, front loaded other processes which they intended to rely upon at the trial. The first respondent herein [as plaintiff] filed a Reply to the Joint Statement of Defence. The matter went on trial. The first respondent in this appeal [as plaintiff] called three witnesses in proof of his case. He was the PW1.

The other witnesses were Chief Linus Etim Essien and Edet Charles Ebong, PW2 and PW3, respectively. The second respondent herein [who was the first defendant] did not participate in the proceedings. The first appellant herein [second defendant at first instance] presented the defence of the appellants [as second, third and fourth defendants]. He testified as DW1 and tendered one exhibit, exhibit C.

In its reserved judgment delivered on November 26, 2012, the court (hereinafter referred to as “the lower court”) favoured the plaintiff [the first respondent in this appeal] with the declaratory relief he prayed for. It equally awarded damages against the appellants. They were dissatisfied with the outcome of the matter, hence their appeal to this court. They presented three issues for the determination of this appeal. The first respondent, equally, formulated three issues for the determination of the appeal. We shall return to them anon. Before then, however, we present hereunder the factual background to this appeal.

FACTUAL BACKGROUND

At the lower court, the first respondent [as plaintiff] put forward the case that he purchased a parcel of land known as “Ndon Ewet” from Mesdames Martina Asukwo Ikpe, Atim Udo Ikpe and Aniedi Etim Udo. The land is situate at Ikot Oku Idio, Uyo. His case was that his vendors inherited the said land from their ancestors. They donated a power of attorney to him.

It was part of his case that, sometime in 2003, a dispute over the ownership of the said land arose between Madam Atim Asuquo Ikpe and the first appellant herein [second defendant, as he then was). The matter was referred to customary arbitration. Madam Atim Asuquo Ikpe took an oath over the land.

The ownership of the land was, consequently, awarded to her. The plaintiff contended that, in spite of the said award, the first appellant [second defendant at the lower court] trespassed into the said land and destroyed economic trees on the land.

The second respondent herein [first defendant, as he then was] was served with all the processes. He, however, condemned them and stayed away from the court. On their part, the appellants [as second, third and fourth defendants] disclaimed knowledge of any land known as “Ndon Ewet” in Ikot Oku Idio.

The only land of their acquaintance, they deposed, is known as “Edem Akai” which they inherited from their forebears. The first appellant [second defendant at the lower court] denied ever attending any arbitration before the Ekpri Nsukara village Council. He made the case that his father allocated Edem Akai to, his mistress, one Asukwo Udo Ikpe.

It was part of his case that when his father’s said mistress, Asukwo Udo Ikpe, became weak, her daughter, Martina Asukwo udo Ikpe, continued to cultivate the land for her. He recovered the land from the said Martina Asukwo Udo Ikpe and disposed of it, by way of sale, in 2007. According to him, the plaintiff [now, first respondent] encouraged Madam Martina to exercise patience as he would recover the land, sell it and share the purchase price with her. He maintained that Edem Akai land was not one of the parcels of land which Asukwo Udo Ikpe, the forebear of Madam Asukwo Udo Ikpe, owned. He, further, maintained that Ekpiri Nsukara Village Council had no jurisdiction over land matters in Ikot Oku Idio village.

ISSUES FOR DETERMINATION

As stated above, the appellants formulated three issues framed in these words: