Barr Bassey S. B. Edem v. Mr. Neal Kwame Ekpoudia & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

As a prelude to the instant appeal, it is important to state that the respondents in this appeal were made the claimants in suit No: HEK/28/2012 vide a ruling delivered on 04/04/2016 by the High Court of Akwa Ibom State, which was presided by the Honourable Justice Theresa I. Obot, hereinafter referred to as the lower court, see pages 160 – 175 of the record of appeal.

The ruling was made pursuant to an application filed by the respondents on 22/01/2016 following the demise of the main claimant, one Dr. Ikpe Umo Ekpoudia, who had earlier instituted the action at the lower court through his lawful Attorney, the 2nd respondent, see pages 79 – 106 of the record of appeal. The Power of Attorney which donated power to the 2nd respondent can be found at pages 10 – 12 of the record of appeal.

However, upon the demise of the donor of the Power of Attorney (the main claimant), the family head, who is the first son of the deceased claimant and the donee of the Power of Attorney, who is the brother to the deceased claimant, made an application to the lower court to substitute the main claimant on record since the suit had outlived him.

The appellant herein was at all material time the defendant at the lower court and vehemently opposed the application for the substitution of the deceased claimant.

The crux of the matter at the lower court was that the main claimant (now deceased) sometime in 1999 engaged the professional services of the appellant to act as his legal representative for the purchase of some properties one of which is now the subject matter of the instant appeal. It is the case of the claimants that the appellant represented himself as a Legal Practitioner, a businessman and a Hotelier and that the main claimant purchased the disputed property from the appellant sometime in 1999.

Upon receipt of the purchase price, the appellant prepared a Deed of Conveyance, and then went ahead to process and obtain a Customary Right of Occupancy in the name of the main claimant. However, the appellant upon the conclusion of the sale turned around to take possession of and erect structures on the property without first asking for and obtaining the consent of the purchaser, Dr. Ikpe Umo Ekpoudia.

All efforts by the main claimant to recover his property from the appellant proved abortive and thus the main claimant approached the lower court via a writ of summons dated and filed 22/3/2012 which was amended and filed on 20/4/2016 to accommodate the respondents to facilitate the recovery of his property.

By their 2nd amended writ of summons and accompanying documents dated and filed on 20/4/2016 at pages 102 – 106 of the record of appeal, the respondents, as claimants, sought for declaratory, monetary and injunctive reliefs against the appellant, as follows:

1. A declaration that the claimants are the owners and entitled to any and all structures on the piece of land covered by Customary Right of Occupancy No. EKR/012/2001.
2. N5 million as damages for trespass into the claimants’ property.
3. An order of perpetual injunction restraining the defendant whether by himself, his agents or privies or whosoever and howsoever from – further trespass into the claimants property.

The appellant, as defendant, filed a statement of defence at pages 22 – 27 of the record of appeal, admitting to the claims of the respondents but then argued that he only withheld the property of the main claimant because of a precondition that existed as at the time they entered the contract.

At the conclusion of hearing in the case, the lower court granted the reliefs sought by the claimants and awarded cost in favour of the claimants in a judgment delivered on the 01/08/2016 and copied at pages 180 – 226 of the record of appeal. Peeved by the decision of the lower court, the appellant lodged this appeal vide a notice of appeal filed on 03/08/2016, predicated on one ground of appeal.

The notice of appeal was amended by leave of court and the appeal was argued on the basis of the amended notice of appeal filed on 18/04/2017. The amended notice of appeal was predicated on 11 grounds.

Parties filed and exchanged their respective briefs of arguments in compliance with the procedural rules of this court, which briefs were adopted at the hearing of this appeal on 06/03/2025 by Ekom Imwang holding the brief of Chukwuma Edeh for the appellant and Francis Ekwere with Promise Ochibry for the respondents.

The appellant’s brief of argument, settled by Chukwuma Edeh, Esq., was filed on 18/04/2017 but deemed on 21/04/2018. The respondents’ brief of argument, settled by Francis Ekwere, Esq., was filed on 05/04/2018 but deemed on 11/01/2021. The appellant filed a reply brief in response to the respondents brief on 18/01/2021.