Joel Chiaghana & Anor V. Government Of Anambra State & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Anambra State delivered in suit No. A/39/2005 on 30th July, 2007. The appellants claimed before the High Court the following reliefs:

i. “A declaration that the pieces or parcels of farmlands known as and called Agu Isionye and Azu Nneofia at Isionye quarter Enugwu-ukwu within jurisdiction denoted in plan No. MU/D6/2005 and filed in this suit, and also the subject matter of dispute in AA/72/86 Chief Daniel Nwankwo & Ors v. Igwe Angus Ilonzeh & ors pending at Awka High Court are the bonafide properties of the plaintiffs.

ii. A declaration that the farmlands namely Agu, Isionye and Azu Nneofia in Isionye quarter Enugwu-ukwu in Njikoka Local Government Area Anambra State were not acquired or properly acquired in the acquisition contained in the Anambra State of Nigeria Gazette No. 1 vol. 7 of 7th January,1982.

iii. A declaration that Anambra State Government Gazette No, 1. vol. 7 of 7th January, 1982 did not acquire the plaintiffs’ Agu, Isionye and Azu Nneofia farmlands in Isionye quarter Enugwu-ukwu in

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Njikoka Local Government Area of Anambra state.

iv. An order directing the defendants and in particular, the 2nd defendant, his servants and agents to refrain from intermeddling with the plaintiffs’ right to ownership of the said farmlands either by correspondence and or Radio/Television announcements inviting the latter to a meeting on the ground of the purported acquisition.

v. An order of perpetual injunction restraining the defendants from interfering with the plaintiffs’ right and ownership of the said farmlands.”

Pleadings were filed and exchanged. The appellants’ case at the Court below was that they were not served with any notice of acquisition of their Agu, Isionye and Azu Nneofia farmlands and were not aware of the purported acquisition until they were invited to a meeting by the Anambra State Government through a letter dated 19/9/2004 wherein it was stated that the said land was acquired by the Anambra State Government in 1982 vide Anambra State Government Gazette No. 1. Vol .7 of 7th January, 1982.

The defendants case was that the land described in the gazette was acquired from Abagana, Enugwu – Ukwu, Abba, Nawfia and

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Ukpo communities and revocation notice was duly served on the various communities by pasting same on conspicuous areas of the land. The respondents averred that the appellants were aware of the said acquisition since they were duly served notice of revocation in 1981 and have been in correspondence with the respondents after receiving the said notice. The respondents then raised a preliminary objection to the suit for being incompetent on the following grounds:

(a) “The land in dispute was lawfully and validly acquired by the Anambra State Government and as such, the plaintiffs’ right over the said land became extinguished.