General Cotton Mill Limited V. Travellers Palace Hotel Limited (2006)

LawGlobal-Hub Lead Judgment Report

ROWLAND, J.C.A.

This is an appeal against the judgment of Nwofor, J. of the High Court of Justice Onitsha Judicial Division sitting in Onitsha.

The judgment was delivered on the 25th day of February 1997. The present respondent was the plaintiff in the court below.

The present appellant was the defendant at the court below. The plaintiff at the High Court had sought for the following per its claim:

(a) A declaration that the plaintiff is the holder of statutory Right of Occupancy in respect of that piece and parcel of land described and more particularly delineated in the survey plan No. AO(A) 336 attached to the said certificate and thereon bordered or verged red and situate and lying between plots 16 and 18 Ridge Road, GRA Onitsha, duly registered at No. 47 at page 47 in Volume 1337 of the land Registry in its office at Enugu.

(b) N500,000.00 (five hundred thousand Naira) damages for trespass.

(c) Perpetual injunction restraining the defendant, its agents, servants, privies, workmen or assigns however from further trespassing into the said land.

Pleadings were ordered filed and exchanged. The case then proceeded to trial. Both parties adduced evidence. After evidence and address of counsel the trial court found for the plaintiff. Dissatisfied with the judgment of the court below the defendant now appellant has appealed to this court. The plaintiff at the court below is now the respondent.

The background and facts of this case relevant to this appeal may be summarized as follows:-

In 1994, the respondent filed this suit and claimed inter alia as follows: A declaration that the plaintiff is the holder of the certificate of statutory right of occupancy in respect of that piece and parcel of land described and more particularly delineated in survey plan No AA.14/95 and in Survey Plan No. OA(A) 336 attached to the said certificate of statutory right of occupancy registered as No. 47 at page 47 in Volume 1337 at the Lands Registry at Awka. It turned out from the evidence of the respondent that the land it was claiming was known as plot X. It also turned out that there was nothing like plot X between plots 16 and 18.

In 1973, before the coming into operation of the Land Use Act, the appellant acquired the land – plot 18, from the ile Printers of Nigeria as per instrument tendered in evidence and marked “exh. D3”.

The appellant claimed that it developed the land by erecting buildings on the land and fencing the same with wire mesh.

It was contended by the appellant that the beacon numbered 05626 and 05636 separated plot 18 from plot 16 rendering the alleged plot X claimed by the respondent fictitious and non-existent.

The appellant also contended that quite contrary to the respondent’s pleadings and evidence, it turned out that what the respondent was claiming was a portion of the appellant’s plot 18 which in evidence it denied claiming.