Chief John Francis Udoeboi & Ors V. MR. Michael Akpan Udousua (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State, Ikot Ekpene Judicial Division delivered on the 19th May, 2014 by Stephen E. Okon J.

The respondent as Claimant had taken out a writ of summons against the appellants who had without his consent created an access road across his land. His reliefs as contained in the amended writ of summons dated 14th January, 2013 on pages 44-46 of the record of appear were as follows:

1. A declaration that the acts of the Defendants in entering upon the land of the claimant without his consent and permission and destroying his cultivated crops is unlawful.
2. The sum of N730,000 special damages for the crops destroyed on the land.

Particulars of Special Damages

a. 50 stands of plantain at N2,000.00 – N100,000.00

b. 65 stands of banana at N2,000.00 – N130,000.00

c. 200 stands of yam at N1,000.00 – N200,000.00

d. 200 stands of fluted pumpkin at N1,000.00 – 200,000.00

e. 200 stands of potatoes at N500.00 – N100,000.00

N730,000.00

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3. N900,000.00 general damages for trespass to Claimant’s land.
4. An order of injunction restraining the defendants by themselves, their agents, servants, workman and or privies from committing further acts of trespass onto the claimant’s land, subject-matter of this suit.

On being served, the appellants as defendants joined issues with the respondent/claimant via their joint statement of defence filed on 26th January, 2012. They then counter-claimed and sought the following reliefs:

(a) An Order of Court directing the Claimant to apologize in writing to each of the Defendant and a public apology in one of the daily newspapers for fabricating falsehood against the defendant both to the Court and to the police.

(b) An Order of Court directing the Claimant to restore and repair the access road as created by the village Project committee in line with the village constitution in force in the village of Abiakpo Ikot Essien.