Ifeanyi B. Esione V. Philip Isiofia (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Anambra State High Court sitting at Onitsha (hereinafter referred to as the Lower Court) delivered by Hon. Justice A. O. Okuma, J. on the 21st day of February, 2013.

The suit which gave birth to this appeal was instituted by plaintiff/respondent against the defendant/appellant vide a writ of summons dated and filed on the 3rd day of March, 2003, wherein the plaintiff/respondent vide his Further Further Statement of Claim claimed against the defendant/appellant for the following reliefs:

?(a) A declaration that the plaintiff is the rightful allottee of the stall No. DMB 18 situate and lying at the Ochanja Ultra Modern Market, Onitsha.

(b) Injunction restraining the defendant either by himself, his servants, agents or privies from interfering in any matter (sic) with the plaintiff?s possession or occupancy of the stall DMB 18.

(c) N500,000.00 being general damages against the defendant for wrongfully interfering with the plaintiff?s business in the said store/stall.?

Upon

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being served with the requisite Court processes, the defendant/appellant filed his statement of defence and counter-claimed against the plaintiff/appellant for the following reliefs:

?(a) A declaration that the plaintiff is the rightful allottee of market stall Block EL No.7 Ochanja Central Market, Onitsha.

(b) Injunction restraining the defendant whether by himself or his servants or agents or privies from interfering in any manner whatsoever in the plaintiffs possession and enjoyment of the said market stall.

(c) N150,000.00 being value of the defendant?s surgical gloves unlawfully removed by the plaintiff.

(d) N1,000,000.00 general damages.?

The main crux of the dispute between the parties is the claim for the ownership of a stall in/at Ochanja Market in Onitsha. Whereas the plaintiff/respondent claimed to have acquired the said store/stall from one Cynthia Okafor whom he claimed was the original allottee of the said stall from the Government of Anambra State, through JIMBAZ (W.A.) Ltd. to whom he also claimed that the Anambra State Government authorized and transferred the responsibility of building the said market