Hon. Anthony Oguejiofor & Ors V. Hyacinth Ejidike & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This is a consolidated appeal against the judgment of the High Court of Justice, Anambra State, Holden at Awka Judicial Division, Awka, Coram. Hon. Justice Umegbolu Nri -Ezedi (Chief Judge) delivered on the 27th November 2007 in Suit Nos A/134/96 and A/135/96 wherein both suits filed by the plaintiffs were dismissed.

The appellants herein had as plaintiffs commenced an action in the High Court of Justice, Awka hereinafter referred to as (the lower court) in Suit No A/134/96 against Hyacinth Ejidike & 2 Ors (for themselves and on behalf of Ejidike Ogbata family of Okpu Ifite village, Agulu) hereafter referred to as (1st set of Respondents). Their claim therein is as follows:-

(a) Declaration that the acts of the defendants in surreptitiously defending “Agu Idemili Okpu Ifite” as their own land in Suit No. SC/107/92. CHUDI AKUNYILI VS IDEMILI EJIDIKE & ORS amounted to a challenge of the plaintiffs’ title over the said “Agu Idemili Okpu Ifite” granted them by the plaintiffs.

(b) Forfeiture of the said portion of Agu Idemili Okpu Ifite granted to the defendants.

(c) Declaration that the plaintiffs are entitled to the grant of a customary right of occupancy over the said portion of Agu Idemili Okpu Ifite granted to the Defendants.

(d) An order of perpetual injunction restraining the Defendants, their servants, agents, and/or privies from continuing to occupy the said portion of “Agu Idemili Okpu Ifite” granted to them by the Plaintiffs”.

Subsequently CHIDI AKUNYILI, CHIKE AKUNYILI and BONIFACE AKUNYILI (For themselves and on behalfs of Akunyili Family of Nkitaku Village, Agulu) were on their own application joined in the suit as the 4th, 5th and 6th defendants. They shall hereafter be referred to as the (2nd set of Respondents).

The Appellants also in the same High Court of Justice, Awka Division, Anambra State, commenced another Suit No. A/135/96 against CHIDI AKUNYILI and the 2 Ors (For themselves and on behalf of Akunyili Family of Nkitaku Village, Agulu) hereafter the (Respondents) wherein they claimed as follows as per the further amended statement of claim dated 18/10/2005:-

(a) Declaration that the plaintiffs are not bound by the Supreme Court judgments in Suit No SC/107/92 CHUDI AKUNYILI (For himself and on behalf of Akunyili Family of Nkitaku Agulu) Vs IDEMILI EJIDIKE & ORS (For themselves and on behalf of Ogbata family of Okpu Village Agulu).

(b) Declaration that the plaintiffs are entitled to a customary right of occupancy over the said piece and parcel of land known as and called “Agu Idemili Okpu Ifite” which said land situates at Okpu Ifite Village Agulu, Anambra Local Government Area, within the jurisdiction of this Honourable Court the annual value which is N40.00.

(c) N50,000,000.00 damages for trespass.

(d) Perpetual Injunction restraining the defendants, their servants, agents and/or privies from further trespassing on the said land”.

Both Suit Nos. A/134/96 and A/135/96 were subsequently consolidated pursuant to an order of the lower court made on 23/5/2005. Thereafter hearing commenced on 7/6/2005 at the conclusion of which parties filed, exchanged and eventually adopted their written addresses on 24-7-07. The trial Chief Judge in a considered judgment delivered on 21-11-2007 held inter alia as follows:-