Godwin Iwuagwu & Ors V. Damian Uzoma (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Imo State High Court in Suit No. HME/39/1995, delivered on 28/4/2008 by Hon. Justice Ngozi Opara, wherein the lower Court awarded special damages of N4 Million and general damages of N2 Million against 18, out of the 24 defendants that survived to see the end of the suit, which had been instituted against 32 defendants. This appeal is against the said judgment.

The suit was filed on 22/9/95, as per the writ of summons, found on pages 1-3 of the Records of appeal. The plaintiff filed his statement of claim on 24/1/96 and the defendants filed different defences, and a counter-claim by a group of the defendants.

The fact of this case, as can be gleaned from the Records of Appeal, revolved around tortuous acts, trespass, invasion and wanton destruction of property. The Plaintiff (Respondent herein) hailed from Umuolu Isu in Nkwere LGA of Imo State, a furniture maker and a hotelier, with his personal and business premises at Akpuru Junction, near Power Station Amaraku, in Isiala Mbano LGA of Imo State.

The defendants (except the 3rd) hailed from Amaraku (The 3rd defendant being from Benin Republic but married to an Umuolu Isu woman and a wood carver, running his business at Orji, but sometimes worked for the Plaintiff). The 1st Defendant (1st Appellant herein), also a furniture maker, ran his business close to the plaintiff’s place.

Amaraku was, prior to the death of its Traditional Ruler, HRH Chief Eze Mbamara, a single autonomous Community, known as Amaraku Autonomous Community, However, upon the death of the said Eze Mbamara, Amaraku Autonomous Community split into two, with two Ezes elect and two unions, namely: (1) Amaraku Progressive Union, and (2) Amaraku Town Union.

On or about the 18/5/1993, the 5th Defendant and a member of Amaraku Progressive Union, led a crowd of Amaraku indigenes into the premises of the plaintiff, and asked everyone therein to step out and lock up plaintiff’s workshop, claiming that the people of Amaraku asked them to seal off the workshop, alleging that the plaintiff was planning to kill one of their sons in the person of the 1st Defendant, an allegation which the plaintiff denied.

The Respondent, on 19/5/93, reported the matter to the police at Amaraku Police Division, where the police invited the 5th Defendant and others and warned them against taking the law into their hands, and ordered them to go and open the plaintiff’s workshop, but they never did.

On the 21/5/1993, plaintiff, through his Counsel, E. C. Iwuala, Esq. wrote to the 28th Defendant, as President General, Amaraku Town Union, calling his attention to the illegal activities of some members of Amaraku community. This was before the final split of Amaraku Autonomous Community into two. There was no reply to the said letter and no action taken.

The plaintiff, thereafter, went to the 5th Defendant at Orji, to demand for payment of a debt, outstanding from a failed contract, which he (5th defendant) failed to complete. Instead of paying, the 5th Defendant rebuked the plaintiff and threatened to deal with the plaintiff and render him useless.

About three (3) days later, on the 2/6/1993, policemen from Shell Camp, Owerri, arrested the plaintiff on the report of the 5th defendant, alleging that the plaintiff approached him to prepare concoction for the plaintiff to kill the 1st Defendant. The police investigated the matter and searched plaintiff’s house, but did not find anything incriminating, as such he was released and the Police told the parties to report on 22/6/1993 for settlement.

But on 21/6/1993, at about 6:45am, the plaintiff, while at home, saw the Defendants in their number, invade his residential and business premises at Akpuru junction. Some of them carried clubs and knives. The plaintiff ran into a nearby bush and hid, where he saw the Defendants break down his two premises, carted away some of his properties and set some of the properties and the premises on fire. As a result, the plaintiff lost everything he had, including, but not limited to; his residential building, hotel, furniture industry, household goods, working tools, wood machines, furniture, showroom, woods, zinc, foodstuff, etc (see Exhibit 2, schedule referred to in paragraphs 16(1) of the statement of claim at page 21 of the Record of Appeal).

By a writ of Summons, filed on 22/5/1995 the Respondent, as Plaintiff, sued the Defendants, claiming the following reliefs:

“Whereof the Plaintiff Claims against the defendants, jointly and severally Special damages and General damages assessed at N50,000,000.00 (Fifty Million Naira) made up as follows: