Godwin Ichu & Anor. V. Chief Nnaemeka Ibezue & Ors. (1998)

LawGlobal-Hub Lead Judgment Report

AKPABIO, J.C.A.

This is an appeal against a ruling or Amaizu, J. of the High Court of Anambra State of Nigeria, holden at Onitsha in suit No.0/608/95 delivered on 26/9/96, wherein he granted an application for an interlocutory injunction restraining the defendants from erecting any building or structure on the land in dispute, pending determination of the substantive suit. There was no order as to costs.

In the substantive suits, the claim of the plaintiff against the 1st – 12th defendants were as follows:-

Claim

1. The plaintiff who acquired the traditional title of Onowu of Obosi, is the oldest living member of Umuotiokpili Head of the said Umuotiokpili family.
2. The 1st to 10th defendants are members of Umuotiokpili family, while the 11th and 12th defendants are strangers to the said Umuotiokpili family. The 1st to 12th defendants reside at Obosi within the jurisdiction of the court.
3. The land, the subject-matter of this action, is situate at Obosi in Idemili Local Government Area, and is variously known and referred to as “Umuru” and/or “Ugbonoene” land. The land is the bonafide property of Umuotiokpili family in Ire village, Obosi.

On or about the month of August 1995, the 1st to 10th defendants without the consent and authority of the plaintiff purported to grant, transfer for consideration portions of Umuotiokpili family land to the 11th and 12th defendants.

Whereof the plaintiff claims against the defendant jointly and severally as follows:-

(1) A declaration that the sale or transfer of portions of Umuotiokpili family land in dispute to the 11th and 12th defendants by the 1st to 10th defendants without the consent, knowledge and authority of the plaintiff is null and void ab initio and of no effect whatsoever.

(2) An order of this court in the alternative setting aside the purported sale/transfer of portions of Umuotiokpili family land to the 11th and 12th defendants.

(3) Perpetual injunction restraining the defendants by themselves, their servants, agents and/or privies from (further) granting, leasing, mortgaging, alienating the said Umuotiokpili family land or any part thereof without the consent, knowledge and authority of the plaintiff.

(4) N50,000.00 (fifty thousand naira) damages for trespass against the defendants.”

Soon after filing the claim on 29/9/95. the plaintiff on the 16/11/95 filed a motion on notice under Order 17 rule 1 of the High Court Rule 1988 fixed for hearing on Monday, 27th November, 1995, for the following interlocutory relief.

“Take notice that this Honourable Court will be moved on Monday the 27th day of November, 1995 at the hour of 9 o clock in the forenoon or so soon thereafter as the plaintiff/applicant m counsel on his behalf can be heard praying the court for an order of Interlocutory Injunction restraining the defendants. their servants, agents and privies from erecting any structure or structures, building or buildings by whatever name called on the land in dispute in this suit known as Umuru or Ugbongene land pending the determination of the substantive suit now pending before the court.

And for such further order or other orders as this honourable court may deem fit to make.”

Affidavit, counter-affidavits and several further affidavits and counter-affidavit were filed for and against the motion, at the end of which the matter was argued before Amaizu. J. On 26th Sept., 1996, the learned trial Judge came out with a 7 – paged reserved ruling in which he found in favour of the plaintiff/applicant and granted the interim injunction sought in the following terms: