Chief Titus Anamasonye Onwugbelu V. Mr. Ejiofor Ezebuo & Ors. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

On the 2nd of December, 2004, the appellant, as plaintiff, commenced suit No. HIN/55/2004 against the respondents, as defendants, at the Anambra State High court at Ihiala claiming for:

(a) A declaration that the compound of the plaintiff given to him as ana-obu in 1952 by the family still holds.

(b) An order of perpetual injunction restraining the defendants, their sons, servants, agents, privies, workmen or any person however mentioned from committing further acts of trespass on the land given to the plaintiff by the Umuonyegbonu family in 1952 as his ana-obu

(c) The sum of N500,000 (five hundred thousand naira) only being general damages for trespass committed by them on the plaintiff’s ana-obu.

The defendants in their further amended statement of defence dated 25th July, 2007 but filed on 8th August, 2007 included a counter-claim for:-

(i) Declaration that the 3rd defendant is entitled to the customary right of occupancy of the piece or parcel of land verged blue on plan no GIKS/AND02/2007

(ii) Declaration that the 2nd defendant is entitled to the customary right of occupancy of the piece or parcel of land verged purple on plan no GIKS/AND02/2007

(iii) Declaration that the customary right of occupancy dated the 12th day of March 1996 and Registered as No 48 at page 48 in volume 87 of the lands Registry in the office at Awka on 6/9/90 is null and void and of no effect.

(iv) SPECIAL DAMAGES

(a) 12 palm trees at N100,000.00 per tree = 1,200,000.00

(b) 3 Bread fruit trees at N120,000.00 per tree = 360,000.00

(c) 2 Mango trees at N100,000.00 per tree = 200,000.00

(d) 12 Plantain trees at N500,00 per tree = 6.000.00