Chinedu I. Udegbuna V. Okonkwo Udegbunam & Anor (2016)

LawGlobal-Hub Lead Judgment Report

TOM SHAIBU YAKUBU, J.C.A.

This appeal is against the decision of the Anambra State High Court of Justice, holden at Nnewi, delivered on 30th June, 2008. The appellant, who was the plaintiff at the Court below, had claimed and prayed for:

“a. A declaration that he is entitled to the statutory right of occupancy of the piece and parcel of land called ANA-AGBALA delineated in the Survey Plan to be attached to his claim.

b. General damages from the defendants jointly and severally in the sum of N20,000.000.00 (twenty million naira) for trespass into the said. (sic)(land).

c. An injunction restraining the defendants, their agents or privies from further trespass into the land.”

The claim was denied and resisted by the respondents. The parties filed and exchanged their pleadings. The respective parties led evidence and some documentary exhibits were tendered into evidence. The Learned counsel for the parties, addressed the Court and at the end, the learned trial judge, found for the respondents and dismissed the appellant?s claim. That is why he approached this Court, for a review and

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possible reversal of the decision against him. His appeal is predicated on three grounds.

The 1st Respondent cross-appealed against the decision of the trial Court to the effect that the land in dispute was purchased by Madam Grace Udegbunam.

All the parties to this suit are brothers of full blood. The Appellant is the last born of their mother. Appellant originally sued three of his brothers, but withdrew against the then 2nd Defendant, Chukwudi Udegbunam, who later testified for the appellant as PW3. The land in dispute was said to have been purchased by the mother of the parties, Late Grace Udegbunam, in the name of the Appellant.

Under the Nnewi Native Law and Custom, the appellant, as the last son of their mother, would inherit the land on the death of their mother.

Soon after their father?s death, the respondents, particularly the 1st respondent swooped on the land in dispute. All attempts by the appellant to dissuade the respondents from further interference on the land in dispute proved abortive. When the respondents persisted in their trespass onto the land in dispute, the appellant sued them at the Court below and lost.

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The appellant?s brief of argument, prepared by A. Onyebuchi Ubachukwu, Esq. dated 30th October, 2009 and filed on 4th December, 2009 was deemed as properly filed on 7th March, 2011. Two issues were nominated therein, for the determination of the appeal, thus:-