Chief Felix I. Iroh & Anor V. Ekwebiri Enwereuzo (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment delivered on 27/10/1999 by the Customary Court of Appeal, Umuahia (coram: Onuh, PJJCA; with A. Onwuchekwa and J.E. Anaba (JJ.CCA) but with A. Onwuchekwa, JCCA; dissenting.

The summary of the events leading to the instant appeal as discernible from the record of appeal before this Court are as follows:-

The Respondent herein (and who was also Respondent before the Customary Court of Appeal, Umuahia, (hereafter to be simply referred to as the ?lower Court?) as Plaintiff before the trial Customary Court instituted this suit against the Appellants (and who were also Appellants before the lower Court) as Defendants, by a ?claim? dated 30/10/1990 and filed 31/10/1990. The Respondent sought for the following reliefs against the Appellants in the claim:-

?(a) A declaration that the Plaintiff is entitled to the customary right of occupancy over that piece or parcel of land known as and called UZO OBA ENWEREUZO land property of the Plaintiff situate and lying at Abayi Ugwuala village within the

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jurisdiction of this honourable Court.

(b) The sum of N2,000 (Two thousand Naira) being general damages for the trespass committed by the defendants on the Uzo Oba Enwereuzo land in the possession of the Plaintiff.

(c) An injunction permanently restraining the defendants, their servants against (sic)/workmen from committing further acts of trespass on the Uzo Oba Enwereuzo land.?

The case of the Respondent as set up in the claim was that on or about the year 1978, the Appellants broke into the Uzo Oba Enereuzo(sic) land in possession of the Respondent without leave or consent of the said Respondent. That the Appellants when questioned did not give the Respondent any satisfactory answer regarding the wanton acts of destruction they committed on the land.

The Respondent also averred to the effect that after he had driven the Appellants away from the land in 1978, the Appellants having written petitions to the Lagos State Police C.I.D., again came unto the land in 1984 and 1988. The Respondent further averred to the effect that the action was brought to stop the Appellants from laying false claim to the land in question.

See pages 64

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? 66 of the record.