Chief Stephen Nwankwo Okonkwo V. Dr Patrick I. Okolo (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On 16-4-1980, the High Court of Anambra State at Onitsha per Awogu J. (as he then was) in Suit No. 0/45/76 entered judgment in favour of the plaintiff against the defendants therein granting the following reliefs-

1. “A declaration of title to that piece and parcel of land known as and forming part of Okpoko lands, situate and lying on the left hand side at about mile 3 on the Onitsha-Owerri Road, in Onitsha, Anambra State, as is more particularly delineated in Plan No. SE/AN.1A/76 filed by the plaintiff in this suit and therein verged PINK.
2. N1,000 (one thousand naira) damages for trespass on the said land.
3. Injunction restraining the defendant, his servants and/or agents or anyone of them interfering with the plaintiff’s ownership and possession of the said land.”

The appeal against this judgment to this Court in Appeal No. FCA/E/175/80 was dismissed and the said judgment of the High Court affirmed on 23-1-1980. A further appeal to the Supreme Court in Appeal No. SC/147/1986 was equally dismissed on 20-5-1988.

?The plaintiff in the

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High court Suit was Dr. Patrick I. Okolo (for and on behalf of P.H. Okolo family). The defendants in that Suit were Chief Stephen Nwankwo Okonkwo and Francis Ifeanyi Menkiti. The appeal to this Court and further appeal to the Supreme Court were by Chief Stephen Nwankwo Okonkwo and Francis Ifeanyi Menkiti as appellants. Dr. Patrick I. Okolo was respondent in the appeal and further appeal.

After the death of Dr. Patrick I. Okolo and Chief Stephen Nwankwo Okonkwo, J.H.C. Okolo, SAN applied by a motion ex parte filed on 9-2-2007 in MSC Suit No. O/18m/2007 in the High Court of Anambra State for:-

i) An Order that he substitutes his deceased elder brother, DR. PATRICK I. OKOLO as plaintiff/judgment creditor in the judgments in the High Court, Court of Appeal and Supreme Court:

ii) An Order substituting in the stead of the named 1st Defendant/judgment Debtor CHIEF STEPHEN NWANKWO OKONKWO (now deceased) with

(i) STEPHEN O. OKONKWO (Jnr). and

(ii) PATRICK I. OKONKWO (for and on behalf of the Estate of Late CHIEF STEPHEN NWANKWO OKONKWO)

iii) Leave to apply for Extension of Time within which to issue out a Writ of Possession in

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enforcement of the judgment of the Supreme Court of Nigeria in this suit delivered on 25th May 1988.