Chief Osigwe Egbo & Ors V. Chief Victor Laguma & Ors (1988)

LawGlobal-Hub Lead Judgment Report

KOLAWOLE, J.C.A.

On 17th June, 1985, Dagogo-Manuel, J. of the Port Harcourt Judicial Division of the High Court of Rivers State entered judgment in favour of the plaintiffs in the following terms:

“…I exercise my discretion in favour of the members of Opolo Villages and declare in their favour a customary right of occupancy over the disputed lands namely KALIAMA and OKOBEDE or OKORIA. These areas are pink in the plan marked Exhibit “A” and are within the larger area, verged Green in Exhibit “A”. I also award them N200 as general damages for trespass and order an injunction against the members of Okutukutu and Etegwe villages from committing any further acts of trespass on those lands.”

The plaintiffs instituted the action on 19 April, 1972. They were granted leave by the court to sue in a representative capacity on their behalf and on behalf of other members of the Opolo Village. Pleadings were ordered on 29 May, 1972. There were 17 defendants originally who were sued. Many of them died as well as some of the plaintiffs in the course of the proceedings.

After series of applications for extension of time, the plaintiffs eventually filed their statement of claim on 9th April, 1974. The defendants finally filed their Statement of Defence on 15 April 1975. It therefore took the parties three years before pleadings were completed. Hearing then commenced before Dagogo-Manuel, J. on Thursday 15 June, 1978 and third plaintiff who was called as PW1 was finished with on 11 July 1978. The matter was adjourned to 30 and 31 August 1978 before Dagogo-Manuel, J. On 30 August 1978, Dagogo-Manuel, J., adjourned the case to 1 December 1978 because counsel for both parties were absent.

On Friday, 1 December 1978, the matter came up on the cause list of Dappa, J sitting at Ahoada Judicial Division. The record of the court for that day showed the following:

“Court: Counsel for the parties are both absent. I understand from the plaintiffs that they have closed their case and their solicitor has written, suggesting the hearing being continued by the same Judge who heard the plaintiffs’ case. This case is therefore, referred to Mr. Justice J.D. Manuel, who is now in Port Harcourt High Court. Senior Registrar to send the file to him in Port Harcourt.

(Sgd.) W. D. DAPPA

JUDGE

1/12/78”.

After series of adjournments, hearing commenced again before Dagogo-Manuel, J. at the Port Harcourt Judicial Division on 25 July, 1979, when Joseph Osaia was called and referred to in the record as PW1 even though third plaintiff. Bedford Odede, had testified as first witness at Ahoada on 15 June 1978.

Dagogo-Manuel, J. eventually completed the hearing of the case and heard the addresses of Counsel on 17 May, 1985; judgment was delivered on 17 June, 1985. The defendants were dissatisfied. They have appealed to this Court. Both parties filed their respective briefs. The defendants who will hereafter be referred to as the appellants filed their brief on 22 November 1985, and the plaintiffs who are now the respondents to this appeal filed the respondents’ brief on 7 October 1986.

It appeared that on 21 November 1986, the appellants filed a motion in this Court praying the Court for leave to amend the grounds of appeal appearing at pages 150 and 151 of the Records by substituting therefor the ground of appeal appearing in the schedule thereto and leave to argue the amended ground of appeal. The amended ground of appeal is in these terms:

“The Learned Trial Judge erred in law by continuing with the trial of the suit after his jurisdiction to carry on with the trial had ceased. The judgment delivered by him was therefore a nullity.