Ikedieze Okemiri & Ors V. Odoemenam Okezie Chukwueke (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the HIGH COURT OF ABIA STATE contained in the judgment of HON. JUSTICE ONUOHA A. K. OGWE delivered on 6th day of March, 2013.

The Respondent herein had as a CLAIMANT in the Court below for himself and as representing the members of CHUKWUEKE FAMILY OF AMUDA ELUAMA UZUAKOLI, in Suit NO. HUZ/7/2007 claimed against the Defendants now Appellants in the Court below for the following reliefs:

1. The sum of Four Hundred Million Naira (N400,000,000.00) being special and general damages for trespass to a piece or parcel of land in possession of the Plaintiffs situate and lying in an area of land traditionally known as and called ?UBIORO in AMUDA ELUAMA UZUAKOLI in BENDE L.G.A. ABIA STATE NIGERIA within the jurisdiction of the Court and in possession of the Plaintiff and which said land was the subject Supreme Court decision in Suit NO. SC/215/1984 decided in favour of the Plaintiffs. (sic).
2. An injunction permanently restraining the Defendants, their servants, agent and/or workmen from trespassing into the said piece of

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parcel of land or interfering with it in any manner whatsoever.?

The parties duly exchanged pleadings. However the Defendants later on in the proceedings amended their Statement of Defence wherein they set up a Counter-Claim as follows:

?COUNTER ? CLAIM

The Defendants Counter-Claim against the Claimant as follows:

(a) The sum of N500,000.00 being damages for trespass.

(b) An Order of perpetual injunction restraining the Claimant, his agents, servants and or workmen from further entry upon or from otherwise dealing with the land known as and called ?UZO MKPEM UGA? lying, being and situate at Amuda, Eluama, Uzuakoli within jurisdiction of this honorable Court: in a manner inconsistent with the interests, rights or title of the Defendants

PARTICULARS OF COUNTER ? CLAIM

The Defendants, rely for this Counter ? Claim on the facts averred in the Statement of Defence.?

The Claimant (now Respondent) filed DEFENCE TO COUNTER ? CLAIM OF THE DEFENDANT. It is dated 20/9/2010. Earlier in 2008 the Respondent filed Reply to the Statement of Defence of the Appellant before the

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