Chima Ume & Ors V. Christian Uchechukwu Ibe (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal relates to the judgment of ABIA STATE HIGH COURT, UMUNNEOCHI JUDICIAL DIVISION which sat at NKWOAGU ISUOCHI contained in the judgment of HONOURABLE JUSTICE C.O.C. IZIMA delivered on the 17th day of January, 2011.

The Respondent as claimant had by his writ of summons issued out of the said Court on 27th day of April, 2000 claimed against the Appellants as Defendants jointly and severally for the following reliefs:-

?The Plaintiff claims against the defendants jointly and severally as follows:

1. A declaration that the plaintiff is entitled to the statory right of occupancy of that piece or parcel of land called ?AGUUOHA LAND? situate along Emmanuel Ibe Road in Umukpuaro Mbala Isuochi in Umunneochi Local Government Area of Abia State of Nigeria within the jurisdiction of this Honourable Court.
2. A declaration of Court that the Abosi trees and not Ukpaku tree forms the boundary on the left hand side of the said land between the plaintiff and the 1st defendants land.
3. Perpetual injunction restrain (sic) the defendants, their servants agents privies and

successors in-title from further trespassing into the plaintiffs said portion or parcel of land.

4. Special damages of N431,300 (four hundred and thirty one thousand three hundred naira) for trespass into the plaintiffs said land in that in or about the 23rd day of April 2000 the defendants entered into the said plaintiffs land and maliciously damaged the plaintiffs fence covering an area of 218 feet and further destroyed and carried away some building materials on the said land.

PARTICULARS OF SPECIAL DAMAGES

(a) 130 bags of cement at N650 each = 84,500

(b) 8 trips of sharp sand at N1,900 each = 15,200

(c) Water supply N5,000

(d) Old blocks at the site 600 pieces at N40 each = N24,000

(e) Planks (damaged by Defendants =N12,000

(f) 5/.8 Red (16mm) 150 lengths N90,000

(g) 60 Planks N12,000

(h) 40 length of ? Red N12,800