Ejiofor Anikwe & Ors V. Chief (Engr.) Ossac C. Offoelo & Ors (2016)

LawGlobal-Hub Lead Judgment Report

RITA NOSAKHARE PEMU, J.C.A.

 This is an appeal against the Judgment of Honourable Justice M. I. Onochie delivered on the 16th day of September 2008. Sitting at the High Court of Anambra State, Awka Judicial Division, Awka.

FACTS RELEVANT TO THE APPEAL
The suit, the subject matter of this Appeal was instituted by writ of summons filed on the 13th of March 2008. – Page 1 of the Record of Appeal.

In Paragraph 26 of the statement of claim dated 9th March 2008 but filed on the 13th of March 2008, the Plaintiffs (Respondents in the present Appeal) claim the following reliefs against the Defendants (Appellants in the present appeal) jointly and severally thus –
i) “A declaration that the Defendants have no right to claim to be, or parade themselves as the duly elected officers or executives of Amede Community or of ADU.
ii) A declaration that the purported renewal of the 1st Plaintiff, 2nd Plaintiff and 2nd Plaintiff as the chairman, Secretary and patron of Amede Community or Amede Development Union is unconstitutional, unlawful and/or unjustifiable.
?iii) A declaration that the

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Defendants are not the persons authorized to manage the affairs and properties of the Amede Community or Amede Development Union, including the economic forests of the Community, particularly the “Isiagu” forest being and lying at amide Village, Mgbakwu, and every materials or items therein.
iv) An order of Perpetual Injunction restraining the Defendants, their agents, assigns, servants, officers, privies and successors-in-title from removing and attempting to remove the 1st, 2nd and 3rd Plaintiffs as the Chairman, Secretary and Patron respectively, of Amede Community or Amede Development Union or other wise interfering in the management of amide Community or Amede Development Union.
v) An Order of Perpetual Injunction restraining the Defendants, their agents, assigns, officers and servants and/or privies from any further act of trespass into the Amede Community economic forests, particularly the “ISIAGU” Forest, Amede being and lying at amide village, Mgbakwu in Awka – North Local Government Area of Anambra State, Nigeria under any guise or pre whatsoever.
vi) The sum of N250,000.00 (Two Hundred and Fifty Thousand Naira) being and

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representing special and general damages for trespass”.
– Pages 7-14 of the Record of Appeal.

Parties filed their respective pleadings and served same. The matter proceeded to trial and on the 16th of September 2008, the lower Court delivered its Judgment in favour of the Plaintiffs (Respondents in the present appeal).

Dissatisfied, the Defendants (Appellants in the present appeal) and desirous of appealing the Judgment, pursuant to the Practice Direction of this Honourable Court filed a Notice of appeal on the 14th of October 2008 encapsulating seven (7) Grounds of Appeal – Pages 273-280 of the Record of Appeal.

The Appellants filed their brief of Argument on the 6th of April 2015. It is settled by A. N. Onuorah, Esq.

The Respondents filed their brief of Argument on the 11th of December 2009 but same was deemed filed on the 24th of November 2010.

It is settled by Chukwudi Nwankwor, Esq. Appellants filed a Reply brief on the 8th of July, 2011.

The Appellants distilled six (6) Issues for determination. They are –
1) WHETHER THE RESPONDENTS WERE VALIDLY ELECTED FOR A TERM OF 3 YEARS ACCORDING TO