Ita Bassey Orok Amika & Anor. V. Mrs Paticia E. Ironbar & 9 Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice Michael Edem of the High Court of Cross River State, in Suit No. C/96/77 delivered on 6/3/2003, wherein the court granted all the claims of the respondents.

The respondents herein, as plaintiffs in the court below, instituted the suit leading to this appeal on 18/8/77 against the appellants, who were the defendants, in a representative capacity, claiming in paragraph 19 (a)-(d) of the further amended statement of claim, at page 91 of the records, as follows:

(a) A declaration that all that property lying and situate at No. 141 Goldie Street, Calabar, and bounded in the North by Akim Qua Land, in the South by Goldie Street, Calabar in the West by Effiong land and in the East by Eta Egbor Street, Calabar is the family property of Chief Paul Awo Nki (Deceased) absolutely.

(b) Cancellation of any agreement entered into between the Defendants and any person whomsoever in respect of the said land.

(c) N91,050.00 damages for trespass in that the Defendants have broken into and entered the said land, destroyed the Plaintiffs’ house economic trees and crops, and have purported to lease the said land to diverse persons.

(d) An injunction to restrain the Defendants either by themselves, their servants, workmen and/or servants from committing further acts of trespass on the said land.

At the conclusion of the hearing of the evidence of witnesses and after considering and reviewing the submissions of learned counsel in the case, the court below entered judgment for the respondents as per their claims.

Dissatisfied with the decision of the court below, the appellants appealed to this court on a lone ground subscribed in the notice and grounds of appeal dated and filed on 7/3/03. Although the appellants indicated in the notice and grounds of appeal that more grounds would be filed, no further grounds were filed.

The appellant, in their brief of argument, which is undated but filed on 19/6/07, formulated one issue for determination, as follows:

“Whether a court of law can have the jurisdiction to hear and determine this matter when the originating process and the requisite hearing notices has (sic) not been issued or served on the parties.”

The appellants brief was settled by David Obande Esq.

The Respondents, in their brief dated 25/3/09 and filed on 27/3/09 initially raised a preliminary objection but it was withdrawn before this court on 13/1/2010 and struck out. The respondents, like the appellants also formulated one issue. The issue is:

“Whether having regard to the particular capacity in which the defendants were sued, the appellants herein were entitled to be served a fresh with the writ of summons, Statement of Claim and other processes of court after they were substituted by order of court on 1st June, 1992.