Jonathan Ebichukwu Igbolezim & Ors V. Emmanuel Ewuru & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the judgment of His Lordship C.E.K. Anigbogu J. of the Anambra State High Court sitting at Ihiala Judicial Division delivered on 08/02/2006.

The respondents as plaintiffs filed this action by a writ of summons dated 20/7/2004 whereby they claimed against the defendants/appellants as follows:-

(a) A declaration that the plaintiffs, as the original owners in effective possession from time immemorial, are entitled to the customary/statutory right of occupancy in respect of the said large piece or parcel of land known as and called “OKOHIA OBODO EZEDIELU” land situate within a very (sic) area of land known as and called “ALA EGUNGWIJ” at Ndiegungwu quarter, Umuoma village Uli town, in Ihiala Local Government Area of Anambra State, within the jurisdiction of this Honourable Court, more clearly delineated and verged PINK in the Plaintiffs survey Plan No. TLS/AN/D35/2004 filed with this statement of claim.

(b) N2,000.000.00 (Two million naira) being General damages for the said wanton trespass committed by the defendants on the plaintiffs farm land by engaging the services of and causing/instigating the said “OLUOHA” to seal off” the plaintiffs farm land, as aforesaid.

(c) An order of perpetual injunction restraining the defendants, their agents, servants workmen, successors-in-title, privies and assigns from further acts of trespass on the said piece or parcel of “OKOHO OBODO ELEDIELU” land in possession of the plaintiffs.

(d) An order of this honourable court, directing the defendants to cause the said “OLUOHA to remove the customary “seal” placed on the Plaintiffs farm land as stated above.

The court ordered pleadings on 23/9/2004 giving the respondents 60 days to file their statement of claim and plan and 60 days to the appellants to file their statement of defence and plan.

The plaintiff/respondents could not file their statement of claim and plan within time and brought a motion for extension of time on the 4th day of April 2005 to file the said statement of claim and plan.

This motion was granted unopposed and the defendants/appellants time started running thereafter.

The defendants/appellants failed to utilize their 60 days and the plaintiff/respondents consequently filed a motion for judgment served on the appellants on 3/2/2006 and fixed for hearing on 6/2/2006. The appellants subsequently filed a motion for extension of time on 6/2/2006. On 8/2/2006, the case was called up and the court in spite of the pending motion for extension of time took the motion for judgment and entered judgment for the plaintiffs/respondents.

The events of 8/2/2006 as contained at page 29 of the record of appeal are reproduced hereunder:

SUIT NO. HIH/37/2006

EMMANUEL EWURU & 5 OTHERS ….. PLAINTIFFS