Isaac Jitte Vs Dickson Okpulor (2015)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

This appeal is against the decision of the Court of Appeal, Port Harcourt Division, delivered on the 11th day of November, 2004 wherein the judgment of the Customary Court of Appeal, Abia State delivered on 1st day of November 2000, was set aside and the judgment of trial Customary Court of Appeal Ukwa was upheld. The three Courts below shall be referred to as the court below, “Customary Court” of Appeal” and “the court of first instance” respectively in the course of this judgment.

At the Court of first instance, the Respondent herein as plaintiff sought for the following reliefs.

“(1). A declaration that the plaintiff is entitled to the Customary Right of Occupancy over the piece or parcel of land known as and called “Agbaraukwu land” situate at Umuelechi Obuzor Asa, Ukwa LocalGovernment Area within the jurisdiction of this honourable court”.

(2). One Thousand Naira damages for trespass

(3). Perpetual injunction restraining the defendant, their children, servants, agents, and privies from further entry into the said land.”

After careful evaluation of the evidence of

1

the witnesses for both parties, the trial customary court found that the claim of Respondent revolved around the issue of boundary upon which the parties laid claim to the ownership of some portion of the land. The Court however considered what the appropriate boundary was and entered judgment for the Respondent.

The Appellants, who were the Defendants appealed to the Customary Court of Appeal. They raised issues ranging from the lack of locus standi of the Appellant, the incompetence of the suit, as fundamental defect. The court allowed the appeal and set aside the judgment of the Customary Court with N1,000.00 costs in favour of the Appellants.

Dissatisfied with this judgment, the Respondent herein appealed to the Court of Appeal. The court heard the appeal and set aside the judgment of the Customary Court of Appeal.

The Respondents have now appealed to this Court. With leave of this Court, they filed a Notice of Appealcontaining Six Grounds of Appeal. With leave of this Court granted on the 31st March, 2014, the Appellants filed their joint Brief of Argument. They submitted the following two issues as arising for determination.

In

2the brief of argument filed on behalf of the Respondent by his counsel the two issues formulated by Respondent are as follows: