Augustine Ezibuo & Ors V. Ignatius Ihejiofor & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMIRU SANUSI, J.C.A. (Delivering The Leading Judgment)

This is an appeal against the judgment of High Court of Anambra State (“the Lower Court” for short) delivered by Uzoewelu J. on 26th November 2007 in Suit No.HID/6/1984 in which the respondent herein as plaintiff, took a Writ of Summons against the present appellant who were the defendants thereat.

The respondents/plaintiffs also attached to the Writ, a fourteen paragraph original statement of claim dated 14/5/1984 wherein they jointly and severally claimed the underlisted reliefs against the defendants (now appellants). The reliefs sought are as follows:-

“(i) N10,000.00 general damages for trespass on the said land verged green in the plaintiffs, plan No.MEC/1609/84.

(ii) A declaration that the plaintiffs are entitled to a customary right of occupancy over that parcel of land verged pink in the said Survey plan No.MEC/1609/84.

(iii) A declaration that the plaintiffs are entitled to a customary right of occupancy over that area of land verged green in the said Survey plan.

(iv) A declaration that by the native law and custom of IHIALA, a piece of land in Ihiala on pledge can be redeemed at any point in time by the pledgor or his rightful successor (“once a pledge always a pledge”).

(v) A declaration that by the custom of IHIALA, family land cannot be alienated from the family without the consent or concurrence of the important members of the family.

(vi) A declaration that the Plaintiffs are entitled in possession to the land by Ihiala custom on payment of the redemption money or on unequivocal presentation of the same to the pledge whether or not he accepts it.

(vii) A declaration that by the custom of Ihiala, the redemption of the said land by the 7th Defendant in those circumstances amounted to redemption by the Plaintiffs themselves.

Upon filing of the Writ by the plaintiffs/respondents, the Lower Court ordered parties to file and exchange their pleadings and with the leave of the Lower Court, the plaintiffs/respondents amended their original statement of claim and later further amended their statement of claims, Sequel to that, the defendants/appellants also amended their statement of defence. Trial thereupon commenced in earnest on 21/7/1999.

In the course of the trial the 1st plaintiff was with leave of the Lower Court substituted his late father and he testified at the trial as PW1 and he called another witness for the plaintiffs’ case. The defendants on the other hand, called five witnesses for the defence and tendered some documentary exhibits. At the end of the trial, the parties learned counsel filed written addresses, while the defendants’ counsel filed Reply to the plaintiffs’ written address.

After the adoption of written addresses and Reply by the learned counsel, the Lower Court delivered its judgment on 26/11/2007 in favour of the plaintiff/respondent and granted some of the reliefs of plaintiffs when it held thus:

“It is hereby declared that the plaintiffs are jointly and severally entitled to a statutory right of occupancy over the land in dispute verged pink and also over the area verged green in the plaintiffs’ claim.