Joseph Chike Odogwu & Anor V. Samuel Nwajei & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 14/7/2005 by the High court of Delta state (hereafter simply referred to as “the lower court”) presided over by the Hon. Justice T. O. Diai (hereafter simply referred to as “the learned trial Judge”) dismissing the case of the Appellants as Plaintiffs before the lower court.

The case was tried on pleadings filed and exchanged by the parties with the latest of the pleadings of the Appellants being their Amended statement of claim endorsed on the writ of summons dated 6/10/2003 and Amended Reply to the statement of Defence dated 5/3/2002; while the last of the Respondents, pleading were their Joint 2nd Amended statement of Defence of the 2nd-5th & 7th – 9th Defendants dated 19/1/2004 (shown on its face to have been filed for the 1st – 5th and 7th – 9th Defendants) and the Amended Rejoinder to Reply to the statement of Defence dated 31/7/2004.

The case of the Appellants briefly stated is that they are joint owners of the land known as ANI-NGENE with the 1st – 4th Respondents. The reliefs which the Appellants claimed in the action against the Defendants jointly and severally as set out in their last pleading, are: –

“i. A Declaration that it is wrongly (sic) of the 1st to 4th Defendants to exclude the Plaintiff (sic) from the affairs of the Daike/Olodi village.

(ii) A Declaration that the Plaintiff (sic) and 1st to 4th Defendants are joint owners of Ani-Ngene, Ugbomanta Quarters, Asaba.

(iia) A Declaration that under Asaba Native Law and custom where property is owned by two brothers of full blood who are of the same gaith or Akwukwa own a property jointly and they decided to form separate entities (or not do things in common) all their assets and liability are shared equally by them.

(iib) An order of court directing that the joint landed property of the parties to this suit at Ani-Ngene be shared, equally between the Plaintiffs and the Defendants in (sic) with Asaba Native Law and Custom.

(iii) An order setting aside the unilateral dissolution of the Daike/Olodi Land Committee and the unilateral reconstitution of some (sic) by the 1st to 4th Defendants.

(iv) An Injunction restraining the 1st to 4th Defendants by themselves, servants or agents from plotting out and/or snaring Ani-Ngene to the exclusion of the Plaintiff (sic).

(v) An Injunction restraining the 1st to 4th Defendants from collecting rents from the 7th, 8th and 9th Defendants to the exclusion of the Plaintiff (sic).

(vi) An order directing the 7th, 8th and 9th defendants to pay their rents only to the Daike/Olodi village Land committee which includes the Plaintiffs’ family.

(vii) An Injunction restraining the 1st to 4th Defendants from operating at the 6th Defendant’s Asaba Branch (The Plaintiff is not able to secure the number of the account).”

Suffice it to say that the 1st – 5th and 7th – 9th Defendants (who will hereafter be simply referred to as “the Respondents”) in their pleadings controverted the case of the Appellants.