Emmanuel Umeadi V. Onyebuchi Umeadi (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal is against the judgment of the Anambra State High Court of Justice, holden at Ogidi, delivered on 9th August, 2006.

The appellant as plaintiff at the Customary Court, Ogidi in suit No. CCO/44/98 brought an action against his three siblings one of whom was Edwin Umeadi, the 3rd Defendant (now deceased), claiming:-

(a) The possession of the piece of land/house situated at Mgbuke, Umunnachi.

(b) N1,500 damages for the trespass into the said house/land in dispute.

(c) Any further Order of the Court may deem fit to make in the circumstances.

The said 3rd Defendant (Edwin Umeadi) also filed his own action against the appellant in Suit No. CC/44/98 in another matter vide Suit No. CCO /47 /98. The late Edwin Umeadi, the Plaintiff in Suit CCO/47 /98 claimed from his siblings Emmanuel Umeadi, Anthony Umeadi and Charles Umeadi the followings:

(a) A declaration that the Plaintiff is the person entitled to the Customary Right of Occupancy in respect of the piece or parcel of land with Plaintiff s building thereon shown and delineated on the Survey Plan filed by him in

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this suit.

(b) A declaration that the building of 5 rooms, parlour, one store and kitchen situate in the said land is the property of the Plaintiff.

(c) N2, 000 general damages for trespass.

(d) Perpetual injunction restraining the defendants their servants, workmen or privies from further trespass to the Plaintiffs land together with the building thereon.

The matter proceeded to trial. The Appellant herein as Plaintiff in Suit No. CCO/44/98 gave evidence on the 6th day of August, 1998 at pages 36 – 39 of the Record of Appeal. Edwin Umeadi as Plaintiff in Suit No. CCO/47/98 gave evidence on the 17th of August, 1998 at pages 41 – 44 of the Record. After his evidence-in-chief, Edwin Umeadi died and his death was brought to the notice of the Customary Court at page 53 of the Record. On the 14th of December 1998, the Respondent was made a party by the substitution of his father, Edwin Umeadi with him. Thus, Onyebuchi Umeadi, the Respondent herein became the Plaintiff in Suit No. CCO/47/98.