Chief Obiagu Nnanna & Ors. V. Nze Nukwuaku Onyenakuchi & Ors. (2000)

LawGlobal-Hub Lead Judgment Report

AKPIROROH, J.C.A.

This is an appeal by the appellants in a consolidated suit Nos. HOU/1/95 and HOU/82 (formerly (HOG24/42 and (HOG/40/92) against the judgment of the High Court of Justice, Imo State sitting at Mgbidi delivered on the 16th day of July, 1996.

The claim of the appellants as plaintiffs in the court below in paragraph 12 of the amended statement of claim is as follows:-

“12. Wherefore the plaintiffs claim against the defendants as follows:

(1) an order of court that the portion of the land in dispute in the possession of the defendant verged blue in the plaintiffs’ amended plan is redeemed by payment of N400.00 to the defendant or into court for him.

(2) a declaration that the plaintiffs are entitled to statutory right of occupancy over the land in dispute verged pink in the said plaintiffs’ plan.”

The claim of the respondents in the court below as couched in paragraph 24 of the amended statement of claim is as follows:-

“Wherefore the plaintiffs claim against the defendant jointly and severally are as follows:

(1) A declaration that the plaintiffs are entitled to the statutory right of occupancy to that piece or parcel of land known as and called “(ISI-AWO)” lying and situate at Umuorji Mgbidi within the jurisdiction of this court.

(2) N50,000.00 (Fifty thousand naira) being special and general damages for trespass to the said “ISI AWO” land.

PARTICULARS OF SPECIAL DAMAGE

One massive “Ube-apia tree N5,000.00

N5.000.00

(3) Perpetual injunction restraining the defendants by themselves or through their agents, servants or workmen from further trespass to the said “IS I-AWO land”.