Chief Nlemchukwu Nwanosike & Anor V. Cyril Udenze & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A.(Delivering the Leading Judgment)

This appeal is against the decision of IMO STATE HIGH COURT MGBIDI JUDICIAL DIVISION contained in the judgment of HON. JUSTICE F. I. DUROHA-IGWE delivered on the 7th day of March, 2008.

The Appellants who were the Claimants in Suit HOU/53/96: CHIEF NLEMCHUKWU NWANOSIKE & ANOR. VS. PRINCE CYRIL UDENZE & ANOR by their Writ of Summons issued by the said Court on the 18th day of September, 1996 claimed against the Defendants now Respondents as follows:

“A. A declaration that the Plaintiffs are entitled to the Statutory Right of Occupancy over the piece or parcel of land verged green in Plan No. TOP/IMD/02/97 dated 14th October, 1996 and lying and situate along Igwegbe Street, Ugbele Mgbidi in Oru West Local Government Area Imo State.

B. One Million Naira (N1,000,000.00) damages for trespass on the Plaintiff’s (sic) land from December, 1990 to September, 1996.

C. Perpetual Injunction restraining the Defendants by themselves, their servant’s representatives (sic), agents and privies from further trespass on the land.”

The Defendants

1

now Respondents also instituted action against the Appellants. The endorsement(s) on their own Writ of Summons in Suit NO. HOU/61/96 show that they are claiming as follows:

“A. A declaration that the 1st Plaintiff is entitled to the Statutory Right of Occupancy over that piece or parcel of land known as and called UHU OJIAKU, while the 2nd Plaintiff is so entitled over that piece or parcel of land known as and called ALA IGWIRI. Both lands situate at Ugbele Mgbidi in Oru West Local Government Area of Imo State.

B. One Million Naira (N1,000,000.00) being for damages for trespass.

C. Perpetual injunction restraining the defendants by themselves, agents, servants and privies from further acts of trespass over the said land.”

The two actions were later consolidated. By Order of the Lower Court on 11th March, 2002 the two Suits/actions were consolidated.

The Suits later proceeded to trial and on the 7th day of March, 2008, the trial Judge found against the appellants as follows: