Christian Okechukwu Ugwu Ogbu V. Ugochukwu Ani (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the Judgment of Hon. Justice F.K. Ezeike of the Enugu State High Court in Suit No. E/209/2002delivered on 27/6/2006.

The Respondent by a Writ of Summons took out an action against the Appellant wherein he claimed as follows:-

a. A Declaration that the Plaintiff is entitled to Statutory Right of Occupancy of a piece or parcel of land situate, lying at NdiogbuAmechiAwkunanaw in Enugu South Local Government Area of Enugu State in Nigeria measuring 30.60mx46280x30.67mx36.67m with beacon pillars numbers CA 46280, CA 46281, CA 46282 and CA 46283 covering an area of 11133.566square meters and which is more particularly delineated and verged on the Survey Plan No. MG/AN 735/83 dated 7/11/83 made by MUDOG (Nig) Services, licensed Surveyor. The Annual Rent is N40.00

b. N5,000,000.00 (FIVE MILLION NAIRA) Damages for Trespass on the said land in issue

c. A Perpetual Injunction restraining the Defendant by himself or through his servants, agents and or privies from entering and/or further trespass on the said piece or parcel of land or

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in any manner whatsoever interfering with the Plaintiff?s occupation and use of the said land.

The Appellant in reaction by his Amended Statement of Defence dated 6/10/04 filed on the same date denied the Respondent?s claim and counter claimed as follows:

a. A Declaration that he is entitled to the Statutory Right of Occupancy over two plots of land situate at NdiogbuAmechiAwkunanaw on which now stand two decked buildings of his.

b. An injunction restraining the Plaintiff, his agents, servants or privies or whosoever acting on his instruction or stead from having anything to do with the plots without the consent of the Defendant as the owner.

The facts that led to this appeal are as follows:-

It is agreed that the land in dispute is known to all parties and so well known that none considered it necessary to tender any survey plan, not even the plaintiff who pleaded a survey plan. A survey plan is however in the filed exhibits during the application for interlocutory injunction.

One Godwin Nnaji was the original owner of the land, he sold it to Robinson Ugwu P.W.2 which land was bought out for Robinson by