Felix Anyakora & Ors. V. Nwafor Obiakor & Ors. (2004)

LawGlobal-Hub Lead Judgment Report

ADEKEYE, J.C.A.

This is an appeal against the judgment of the High Court of Justice Anambra State in the Onitsha Judicial Division in suit No. 0/114/78 delivered on the 24th of January, 1997. The appellants who were the plaintiffs before the trial court sued in a representative capacity for themselves and on behalf of the people of Uru-Oji Ogidi village, the respondents who were then defendants, asked for the under-mentioned reliefs as indicated in their further amended statement of claim filed on 23/3/90 –

(1) N100,000.00 being general damages for trespass.

(2) Perpetual injunction to restrain the defendants, their agents and assigns from further trespass into the land.

They gave the name of the land in dispute as Agu Isiogwugwu situate at Ogidi and more particularly delineated and verged green less the area verged yellow in the plan No. ECAS/214/78 filed along with the further amended statement of claim.

The respondents, joined issues, and in their further amended statement of defence filed on 28th May 1990 denied the plaintiffs/appellants assertion that they are from Uru-Oji Ogidi and equally denied the claim. They averred that the land in dispute consists of two portions of land known as and called Agu Akpu and Agu Eneheli.

Agu akpu land verged blue in the accompanying plan No.PO/E/108/78 was granted by the people of Mgbuke, Umunachi to the people of Uru-Oji, Ogidi about 1908 as customary tenants.

The plaintiffs/appellants called two witnesses in support of their claim while the defence called seven witnesses. Plans and other relevant documents were tendered. In his reserved judgment delivered on the 24th of January, 1997 – the learned trial Judge dismissed the plaintiffs case. Dissatisfied with the said judgment, the plaintiffs/appellants filed this appeal. Briefs were filed and exchanged in accordance with the rules of the Court of Appeal, 2002. When the appeal was argued on the 22nd of September, 2004, the appellants adopted and relied on the appellants’ brief filed on the 21st of May, 2004.

The appellants distilled three issues for determination as follows:

(1) Whether upon a correct legal appraisal of their case vide the documentary and other evidence tendered, the plaintiffs/appellants made out a case of title to Agu Isiogwugwu land in dispute?

(2) Whether the learned trial Judge properly considered/evaluated the plaintiffs/appellants case on acts of possession?

(3) Whether the plaintiffs/appellants made out their case with regards to the area trespassed upon by the defendants/respondents?

The issues for determination flowed from the fifteen grounds of appeal filed. The defendants/respondents adopted and relied upon the respondents brief filed on the 25th of February, 2002.

The respondents formulated only one single issue for determination as follows: