Clement Okonkwo & Ors V. Ichie Peter Nwude Okafor & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Anambra State High Court, sitting in Awka (hereinafter referred to as the Lower Court), delivered by Hon. Justice M. I. Onochie, J. on the 10th day of September, 2009. The appellants were the defendants at the Lower Court and the respondents were the plaintiffs. The respondents in their statement of claim filed on the 3rd day of February, 2006 claimed against the appellants jointly and severally the following reliefs:

?(a) A declaration that the plaintiffs are entitled to the grant of a statutory right of occupancy over the parcel of land variously known as ?Ana Isi,? Obu Enika? or ?Okpuno Enika?, situate at Nkpu Odupa, Ifite Village, Enugwu Agidi and shown verged green in survey plan number AC/LD. 27/2005.

(b) N100,000.00 being damages for trespass.

(c) Injunction restraining the defendants by themselves or through their servants, workers, agents or in any manner howsoever from interfering with the plaintiff?s ownership and possession of the said land.?

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The parties duly filed and exchanged pleadings and the suit was heard on the state of pleadings. The respondents led evidence whereby they called two (2) witnesses; while the appellants followed suit and called five (5) witnesses. At the end of it all, the Lower Court entered judgment in favour of the respondents in the following terms:

?In conclusion, I hold that the plaintiffs? claim succeeds and I make the following orders:

(i) I hereby declare that the plaintiffs are the persons entitled to the right of occupancy over all that piece and parcel of land shown verged green in plaintiffs? survey plan No. AC/LD27/2007 prepared by A. S. C. Anaebonam, registered surveyor.

(ii) I award the sum of ?10,000.00 as general damages in favour of the plaintiffs against the 1st defendant.

(iii) There shall be an order of injunction restraining the 1st defendant, his servants, agents, workmen and privies from committing further acts of trespass on the land in dispute.

There shall be ?20,000.00 cost in favour of the plaintiffs against the 1st defendant.?

?Expectedly, the appellants being dissatisfied with the

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