Chiadighkaobi Adiukwu V. John Chukwuemeka Enwereji (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of Abia State High Court in Suit No. A/224/2008, delivered on 21/11/2012 by Hon. Justice O.Z. Ikeorha, wherein the learned trial Court dismissed the claims of the Plaintiff, who is Appellant herein.

The reliefs sought at the Lower Court were:

“(a) Declaration that the Plaintiff is entitled to the Statutory Right of Occupancy over the part of the land traditionally called ‘Okpulor Adikwu’ situate at the entrance to Umuadikwu compound at Amufuni Village in Aba South LGA.

(b) The sum of N5,000,000.00 (Five Million Naira) only, being special and general damages for trespass.

(c) A declaration that the Defendant has no right to close or interfere with the entrance into the compound street of Umuadikwu with shops or any other structure or thing.

(d) A perpetual order of injunction restraining the Defendant by himself, his agents, servants, workmen, privies and or assigns whosoever from entering into, building on alienating or in any way, whatsoever interfering or dealing with the land in dispute, (See page 5 of the

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Records).

The Defendant (now Respondent) Counter-claimed and also sought declaration of title, relying on the Customary Court judgment in Suit No. CC/AB/94/87: Sunday Adikwu Vs Chukwuemeka Enwereji, delivered on 30/6/1988, as estoppels. He also sought an order for injunction, forfeiture and damages for trespass.

The Defendant, by preliminary objection, date 14/7/2010, challenged the jurisdiction of the trial Court, contending that the judgment of the Customary Court in Suit No. CC/AB/94/87 operated as estoppels parem judicata. In a considered ruling thereof, the trial Judge upheld the objection and dismissed the Plaintiffs Suit on 21/11/2012.

A brief facts of the case showed that the parties were/are related, tracing their ancestry to a common progenitor one late Adikwu of Amaufuru Village, Etiti Ohazu Antonomous Community. A dispute had earlier arisen over the land, which led to the Suit No. CC/AB/94/87, between Sunday Adikwu V. Chukwuemeka Enwereji, which was adjudged for the Respondents family. Sunday Adikwu was one of the Sons of late Adikwu (and an uncle of the parties in this Suit).

The Respondent said Appellant

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