Francis Alikor & Ors V. Chief O. N. Nsirim (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A (Delivering the Leading Judgment)

This is the appeal against the judgment of Rivers State High Court delivered on 14/01/2000.

The plaintiff now the Respondent in this appeal had claimed against the defendants as follows:-

“11. WHEREFORE Plaintiff claims as follows:

(1) A declaration that the Plaintiff is entitled to the statutory right of occupancy to all that piece of parcel of land, known as and called “EKWU MGBAKIRI” situate and lying at Rumueme along the Port Harcourt Owerri Road in Obio/Akpor Local Government Area of Rivers State.

(2) Perpetual injunction restraining the Defendants, their servants and agents and all that those claiming through them from interfering with the right of the plaintiff in an over the said land”.

The defendants in reaction filed statement of defence and counterclaimed against the plaintiff as follows:

“WHEREFORE the Defendants counter-claim against the plaintiff:

(i) A declaration that the Rumuchida village as represented by the Defendants in this suit are entitled to the statutory right of occupancy over the Elewu-Otuloro land excluding that part of it which was the subject-matter in suit No. PHC/81/71 but including the total area now trespassed upon by the Plaintiff.

(ii) An Order of Perpetual Injunction restraining the plaintiff his agents, servants and workmen howsoever from further trespassing on the Ekwu-Otuloro land”.

The learned trial judge later proceeded to give judgment after hearing the parties as follows.

“The final result is that the plaintiff is entitled to judgment, which I hereby enter in his favour and against the defendants. I hereby make the following declarations and orders:

1. It is hereby declared that the plaintiff is entitled to the statutory right of occupancy over that piece or parcel of land called “Ekwu Mgbakiri” which is shown and verged Blue on Survey Plan NO. AIA/R5331/91 LD of 16th May, 1991 tendered and marked Exhibit D1, situate at Rumueme along the Port Harcourt Owerri Road in Obio/Akpor Local Government Area of Rivers State.
2. The defendant, their servants and agents and all those claiming through them are hereby restrained by a perpetual order of injunction from interfering with the right of the plaintiff in and over the said land.
3. The defendant should pay the plaintiff N2, 000.00 cost for the plaintiff’s claims which succeeded, and N1, 000.00 cost for their counter-claim that was dismissed.”

The defendants being dissatisfied with the above decision filed this appeal on 10/3/2000.

After the record of appeal had been transmitted, parties exchanged briefs of argument.