Hyacinth Nzenwata & Ors V. Rev Dr. Mike Nzenwata (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

This Appeal is sequel to the Judgment of the High Court of Abia State of Nigeria, Holden at the Umuahia Judicial Division, per Ogechi Okehelem, J; which Judgment was delivered on the 14th day of May, 2013 in the following terms at page 103 of the Records.

?I quite agree with Defence Counsel that Claimants prayer ought to be that he is entitled to the Statutory Right of Occupancy and not that he is the beneficial owner of the Statutory Right of Occupancy. This is a matter of improper couching of Reliefs which this Court can on its own take care of. Claimant has therefore proved his case on a preponderance of evidence, Defence?s evidence of traditional history is rejected.

Judgment is thus entered in favour of Claimant:

(1). I declare that the Claimant is entitled to Statutory Right of Occupancy of the land known and referred to as Okwenyi Land situate and lying at Umuolou Umuoka Mgbarakuma in Umuahia South Local Government Area; properly delineated in Survey plan No. DOK/ABSC/DSO9/2011 Exhibit ?A? before this Court and that the

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Defendants have no interest in the land.

(2). As a consequence of the above, the Defendant their Agents and/or privies are hereby restrained from trespassing into the land, selling and or preparing to sell part or the whole of the land to anybody, since it is the Claimant that established a good root of title , I take him to be the one in possession. See Alade V. Awo (Supra).

(3). The Defendants are to pay the Claimant N300,000.00 damages for trespassing into the land.

I make no order as to cost.”

It would be recalled that the Respondent who was then the Claimant took out a Writ of Summons and in both the particulars and Statement of Claim dated and filed the 17th day of June, 2011 sought for the following Reliefs from the Appellants (the defendants):-

?1. Declaration that the Claimant is the beneficial owner of the Statutory Right of Occupancy of the land known and referred to as OKWUENYI LAND situate and lying at Umuoluo Umuoka Mgbarakuma in Umuahia South Local Government Area within the jurisdiction of this Court and that the Defendants have no interest in the land;

2. Perpetual injunction restraining the

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Defendants, their Agents and/or privies from trespassing into the land, selling and preparing to sell part of the whole of the land to anybody;