Dr. Asira Eguma V. MR. Andem Effiom Edem (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Cross River State High Court of justice presided over by Honourable Justice Ofem Ikpi Ofem in Suit No. HC/421/2012 delivered on the 26th February, 2014. The Appellant being dissatisfied with part of the said Judgment and the failure of the trial Court to make pronouncement on his Counter-Claim, now appeals against that part of the trial Court’s Judgment.

?At the Lower Court, the Appellant had sued the Respondent by a Writ of Summons filed on the 15th February, 2014 in suit No. HC/421/2012 and claimed as follows:

1. “The sum of two Million Naira (N2m) for trespass and general damages to his property.
2. A declaration that the construction of a perimeter fence across the existing drainage by the Respondent is unlawful.
3. The Appellants that the Respondent has trespassed into the Appellants land, therefore is not entitled to the portion of land built on.”

Later, the 4th relief was added thus:

?(4) The Appellants seeks a perpetual injunction restraining the Respondent and his agent from further

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trespassing into his land.”

Upon receipt of the Statement of Claim, the Appellant herein filed a Statement of Defence and counter-claim as per page 55 of the Records thus:

i. A declaration that the proper development of the dependents space of land i.e. the perimeter fence, the gutter/drainage contract are legal and should not be interfered with by the Respondent or his agents.

ii. An Order of perpetual injunction restraining the claimant (Respondent) by himself, his agents, heirs servants and privies from further harassment threatening, frivolous claim against the Appellant or his agents.

iii. An award of special and pecuniary damages of N500,000.00 being part payment of costs of legal fees for prosecution of this suit by the Law firm of Ndoma Egba, Ebri and Co.

iv. An award of N20,000,000.00 (Twenty Million Naira only) being damages for embarrassment mental agony and grief arising form the action of the Claimant (Respondent).

At the trial, the parties adopted their written sworn Statement on Oath and all were Cross-examined. The Respondent called three witnesses while the Appellant called four witnesses inclusive of

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