Daughters Of Divine Love Congregation & Ors V. Felix Ugwu & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

This appeal is sequel to the decision of the Enugu State High Court of Justice holden at Enugu, delivered on 29th April, 2008. The appellants being affected by the said decision and being parties having an interest in the case at the trial Court, with leave of this Court sought and obtained, filed the appeal anchored on six grounds on 23rd December, 2013.

The facts of the case are that:

Two communities, that is, Nkwubor Nike Community and Umueze Nwikpa family of Amorji Nike Community, sold their jointly owned communal land in their representative capacity to the 1st Appellant Daughters of Divine Love congregation. Three brothers of a family in Nkwubor Nike Community were aggrieved by the sale of part of the land and without authority from their Community Nkwubor Nike. They sued some members of the Nkwubor Nike Community in their individual capacities at the High Court, Enugu in suit No. E/663/2004 – Ekene Ugwu & Ors vs. Felix Ugwu & Ors – claiming.

?a. A declaration that Nkwubor Nike Community represented by the plaintiffs is entitled to Customary/Statutory

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right of Occupancy in respect of a piece or parcel of land called “lsi Anwuri” land situate at Nkwubor in Ujodo Local Government Area of Enugu State of Nigeria.

b. One Million Naira (1,000,000.00) damages for trespass.

c. Perpetual injunction restraining the defendants, their agents, servants, assigns, privies and who ever acts for or on their behalf from selling, alienating, transferring, building, cultivating or doing anything on the land which may be detrimental to the rights and interest of the plaintiffs.

The same three brothers that is Ekene Ugwu & Ors 1st set of Respondent and his late brothers who were the plaintiffs at the High Court, later sued the Appellant in the same High Court in Suit No. E/680/2005 also claiming;

a. A declaration that Nkwubor Nike Community represented by the plaintiffs is entitled to Customary/Statutory Right of Occupancy in respect of a piece or parcel of land called “lsi Anwuri” land situate at Nkwubor in Ujodo Local government Area of Enugu State of Nigeria.

b. Two Million Naira (2,000,000.00) damages for trespass.

?c. Perpetual injunction restraining the Defendants, their agents, servants,

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