Eze A. A. Uwanamodo V. Chief Sir Ernest Nwokafor (2017)

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 High Court of Abia State of Nigeria sitting at Umuahia (hereinafter referred to as the lower Court), delivered on the 5th day of November, 2013 , by Hon. Justice L. Abai, J. The suit which led to this appeal was commenced by the claimant/appellant (hereinafter referred to as the appellant) vide a writ of summons and statement of claim dated and filed on the 13th day of June, 2011 wherein the appellant sought for the following relief.

?(a) The sum of N1m (One Million Naira) being special and general damages for trespass to the palm trees on land traditionally known as and called ?Okporoama Dikenta? in Dikenta Ekenobizi in Umuokpara Umuahia South L. G. A. Abia State within the jurisdiction of the Court in possession of the claimant.?

The appellant?s case against the defendant/respondent (hereinafter referred to as the respondent) is that the respondent was granted the permission to cut down some of the appellant?s palm trees which are wild, tall and overgrown, and are near to the

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respondent?s house and constituted danger to him and or his family. However, the appellant claimed that the respondent went beyond the said permission and cut down some of the appellant?s palm trees which are not near to the respondent?s house and did not by any means constitute any danger to him or his family. The respondent on the other hand, alleged that he cut down the said palm trees in accordance with the appellant?s permission as contained in Exhibit C and even went beyond, by obtaining the approval of Environmental Health Department of the Umuahia South Local Government Authority.

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In his bid to prove his case, the appellant called four (4) witnesses including himself, while the respondent testified alone in his defence. At the close of hearing, the learned counsel for the parties filed their respective written addresses and adopted the same as their legal arguments in support of their respective client?s case. After due consideration of the counsel?s addresses vis-a-vis the evidence adduced before him, the learned trial judge dismissed the appellant?s case and entered judgment in favour of the

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respondent.

The appellant was dissatisfied with the decision of the lower Court and appealed against the same, vide a notice of appeal dated the 14th day of November, 2013 and filed on the 18th day of November, 2013. The appellant?s complaints against the judgment are grounded on six (6) grounds of appeal. They are reproduced without their particulars as follows:

?GROUND ONE

The learned trial Judge erred in law when in course of his evaluation of the evidence in this case, he misplaced the onus of proof in this case by saying:

?The claimant must prove by credible evidence that trees cut were not close to the defendant?s house and that they did not constitute a nuisance or threat to the defendant. In the instant case, it is the defendant?s evidence and pleadings that the palms he cut were tall, wild and overgrown and constituted a danger to his house and his family. No evidence was led to show that they did not constitute a danger.?