Chief Anthony Nwoha V. Akuma Ene & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the judgment of Abia State High court in Suit NO:HU/226/2007, delivered by Hon. Justice O.A.K. Ogwe on 23/9/2008, wherein the trial Court granted all the reliefs sought by the Plaintiffs (Respondents herein) and dismissed the Counter-claim. Appellant was the Defendant at the trial Court.

By Amended statement of claim filed on 3/6/08, the Respondents had claimed as follows against the Appellant:

“(A) A declaration that the Plaintiffs are bonafide beneficiaries of the Estate of their late father, Mr. Ene Akuma

(B) A declaration that transaction between the Plaintiffs late father and the Defendant was the issue of advance rent of N100,000.00 (One Hundred Thousand Naira) collected by the Plaintiffs’ late father from the Defendant, of which the Plaintiffs’ late father surrendered the title Documents of his property at No.1 Ubakala Street Umuahia to the Defendant as a security.

(C) A declaration that the Defendant is indebted to the Plaintiffs in the excess of N200,000.00 (Two Hundred Thousand Naira) or at least in excess of N100,000.00… as arrears of his rent for the 2 rooms and one large warehouse at No. 1 Ubakala Street, Umuahia, from the 1st day of January, 2005 till date, or at least till the time of filing this suit, at N20,000.00 (Twenty Thousand Naira) (sic) per month.

i. A declaration that by the effect of paragraphs B(ii) and C above, the Defendant has exhausted the N100,000.00 (One Hundred Thousand Naira) advance rent in issue.

Or in the alternative:

D (ii) A declaration that even if the N100,000.00 (One Hundred Thousand Naira) in issue is taken as a friendly loan, the Defendant has exhausted the said sum of money in view of paragraph C above

E. An Order directing the Defendant to release, forth-with, the said title document of the property known as No.1 Ubakala Street, Umuahia to the Plaintiffs, who are the bonafide beneficiaries of the Estate of late Mr. Ene Akuma

F. Injunction, permanently, restraining the Defendant from forcibly occupying or dealing with the said No. 1 Ubakala Street, Umuahia in any other manner, except as tenant of the Plaintiffs.

(See pages 4 – 5 of the Records)

The Defendant (Appellant herein) had filed a Counter-claim, seeking

“(1) An order compelling the Plaintiffs to Execute an Irrevocable Power of Attorney in favour of the defendant in respect of the property known as and called Plot No. 1 Ubakala Street Umuahia, within the jurisdiction of the honourable court.