Chief Gabriel Okwor & Ors V. Ekene Ugwu & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment)

This is an appeal by the Appellants/Parties affected and having an interest in the case, against the judgment of R. N. Onuorah (Judge) dated 29th April 2008, where he simply declared thus-

“I have read the affidavit and the written address in support of this motion and I am satisfied that the Plaintiffs/Applicants are entitled to the claims contained in paragraph 15 of the Statement of claim. This is pursuant to Order 11 Rule 2 of the High Court (Civil Procedure) Rules 2006 of Enugu State. Consequently, judgment is hereby entered for the plaintiff as contained in paragraph 15 of the statement of claim except that the Defendants shall pay the sum of N50,000,00 (Fifty thousand naira) as general damages for trespass to the Plaintiffs. Cost is hereby assessed N3, 000.00…”

– Pages 43-44 of the Record of Appeal.

The judgment was in respect of suit No E/663/2004, instituted by Louis Ugwu and 2 Ors AND Felix Ugwu & 9 Ors.

In that suit the 3rd plaintiff Ekene Ugwu is the 1st set of Respondent in the present appeal, for himself and on behalf of Nkwubor Nike Community.

?The 1st,

1

4th, 5th, 6th, 7th, 8th, 9th and 10th Defendants in the lower Court are the 2nd set of Respondents in this Appeal.

The Judgment, the subject matter of this appeal, was in an enrolled order of Court dated 29th of April 2008 – pages 44a – 44b of the Record of Appeal.

The Appellants in this Appeal were never parties in the suit, the subject matter of this Appeal.

The Nkwubor Nike Community and the Umueze Nimkpa family of Amorji Nike Community, which the Appellants/Parties affected and having an interest in the case had sold their jointly owned communal land to the daughters of Divine Love Congregation. They did so in their respective representative capacities.

However three brothers of a family in Nkwubor Nike Community were aggrieved by the sale of part of the land and without authority from their Community Nkwubor Nike, and therefore sued some members of the said Community in their individual capacities at the Enugu High Court in suit No E/663/2004 Ekene Ugwu Vs Felix Ugwu and Ors. They sued claiming declaration, damages for trespass and perpetual injunction.

They (as 1st Respondent in the present appeal) later sued the Daughters of Divine