John Nwebube V. Chukwunonso Ntephe (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

This appeal is sequel to the judgment delivered on 30th January, 2012 at the Anambra State High Court of Justice, holden at Ekwulobia. The appellant was the plaintiff at that Court. He had claimed:

(i) Declaration that the customary tenancy hitherto existing over the land in dispute variously called No. 23 or 22B Bishop Onyeabor Street, Inland Town, Onitsha has been determined by the completion by the Defendant of the Defendant’s own house on Defendant’s father’s land verged BR0WN in Plaintiffs Plan.

(ii) Recovery of possession of the land in dispute variously called No. 23 or 228 Bishop Onyeabor Street, Inland Town Onitsha from the Defendant.

(iii) Perpetual injunction restraining the defendant, his servants, agents and privies from remaining, entering, occupying the land in dispute or part thereof or in any manner trespassing on the land in dispute.

ALTERNATIVELY, the appellant prayed for:

(i) Order for forfeiture of the customary tenancy over the land in dispute.

(ii) Possession of the land in dispute and

(iii) Perpetual injunction against

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the Defendant, his servants, agents and privies from further trespass on the land in dispute.

On his part, the respondent, in his defence, counter claimed against the appellant and prayed for the following:

(a) A declaration that the piece of land known as No. 23 Bishop Onyeabor Street, Onitsha is the property of the defendant which he inherited from his forefathers.

(b) A declaration that the defendant is entitled to statutory right of occupancy over the said piece or parcel of land known as No. 23 Bishop Onyeabor Street, Onitsha within the jurisdiction of this Court (Annual Value N60.00).