Chief J. Okwu Ugwu & Ors V. Chief J. Alaeke Alaebo & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment)

By an originating summons filed on 16/10/94, at the Anambra State High Court, the 1st ? 6th respondents sought the following reliefs against the appellants and the 7th and 8th respondents:

?1. A declaration that the decision of the Anambra state Boundary Committee to which the Anambra State Government gave approval which was communicated to the plaintiff in the letter of the Secretary to the State Government dated November 11, 1997 is null and void and of no effect whatsoever.

2. An order setting aside the said decision of the Anambra State Boundary Committee and the approval thereon given by the Anambra State Government communicated in the said letter dated November 11, 1997.
3. A declaration that neither the said State Boundary Committee nor the said State Government has any power to set aside the decision of the Supreme Court of Nigeria (now the High Court) in Suit No. O/19/48 and the decision of the West African Court of Appeal in Appeal No. 3880.

?4. A perpetual injunction restraining the Defendants, their agents, privies, successors in title, and

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any person claiming through them from interfering with the Plaintiffs? right of ownership and enjoyment of the landed property adjudged to be theirs in the Suit No. O/19/1948 and previous suits, and in particular from demarcating the Boundary of the said land by concrete pillars and other substances of a permanent nature.?

Parties filed and exchanged affidavits and written address. The Court in a considered judgment delivered on 7th May, 2009 entered judgment in favour of the 1st ? 6th respondents as follows:

(a) ?The decision of the Anambra State Boundary Committee to which the Anambra State Government gave approval which was communicated to the Plaintiffs in the letter of the Secretary to the State Government dated November 11 1997 is null and void and of no effect.

(b) The said decision of the Anambra State Boundary Committee and the approval thereon given by the State Government are hereby set aside.

I make no order as to cost.?

The appellants being dissatisfied with the judgment appealed to this Court on six (6) grounds of appeal via a notice of appeal filed on 30th July, 2009 containing Four (4)

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grounds of appeal and two additional grounds of appeal filed on 3rd February, 2016 and deemed as properly filed and served the same day. The six grounds of appeal are as follows:

GROUND 1: ERROR IN LAW