Jonas Amadi V. Kenneth Obiajunwa (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

This Appeal is sequel to the Judgment of the Hon. Justice U. D. OGWURIKE then sitting at the Owerri Judicial Division of the Imo State High Court of Justice which Judgment was delivered on the 22nd day of January, 2010 granting the Plaintiff (now Respondent) all his Reliefs except the 4th which was refused.

It would be recalled that the Respondent as Plaintiff in the Lower Court in both his Writ of Summons and Statement of Claim dated and filed on the 23rd day of June, 1995 sought for the following Reliefs against Mrs. Evelyn Amadi (now deceased):-

1. A declaration of Court that the Plaintiff actually paid for and bought the property and building known as Plot 336A Amakohia/Akwakuma Layout, registered as No. 79 at page 79 in Volume 237 of the Lands Registry, Owerri from the Defendant.
2. An order of Court on the Defendant to release all the Original Documents of the building and property to the Plaintiff.
3. Perpetual injunction restraining the Defendant or his Agents from exercising any act of ownership or landlord over the

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property.

4. Order of Court for complete account and handover of all rents collected from the house with effect from the 3rd day of June, 1993, until the Suit is determined.? See pages 1 – 4 of the Records.

Upon being served with the originating Processes, the original Defendant (now deceased) filed her Statement of Defence on the 6th day of February, 1997. The Plaintiff was granted leave to file an Amended Statement of Claim on 2/6/98 and a Further Amended Statement of Claim after the Defendant had filed her Reply to the Amended Statement of Claim on 16th day of February, 1999. The Application for Further Amended Statement of Claim was granted by the Court below on the 6th of February, 2001. Issues having been joined, and hearing commenced with the Plaintiff testifying as PW1, by agreement of Learned Counsel for the parties the case was adjourned to the 12th and 13th December, 2002 for continuation. Before the PW1 could conclude his evidence, the original Defendant died and was substituted by the present Defendant (now Appellant) and it was not until the 13th day of January, 2006 that the learned Counsel concluded the

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cross-examination of the PW1.

On the 26th day of July, 2006 PW2 (D. O. Agbo Esq) was called and was cross?examined on the 21st day of May, 2008 after which the Defendant/Appellant tesfied on the 11th day of July, 2008 and was cross-examined on the 11th day of March, 2009, without calling any Witness. At the close of the case of the parties, their respective learned Counsel exchanged Written Addresses which were adopted on the 30th day of September, 2009 and the case was adjourned to Wednesday 11th November, 2009, for Judgment but because of the long strike by Judiciary Staff Workers it was not until the 22nd day of January, 2010 that the Judgment culminating in this Appeal was delivered.

The Notice of Appeal with Three (3) Grounds dated and filed on the 12th day of April, 2010 can be found at pages 161 to 164 of the Record of Appeal. Reproduced below are the Grounds of Appeal with their respective particulars:

?GROUNDS OF APPEAL:

GROUND ONE:

The learned Judge of the trial Court erred in law when she held that ?the plaintiff is entitled to an Order of specific performance of the agreement by the Defendant evidence in

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