Julius Odiase V. Paul O. Azaka (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment)

This appeal emanated from the Judgment of the High Court of Justice, Edo State sitting at Ekpoma in Suit No. ? HEK/69/2005 BETWEEN ? PAUL O. AZAKA VS JULIUS ODIASE delivered on the 20th day of December 2011 wherein Judgment was given in favour of the Respondent who was the Plaintiff at the lower Court.

Briefly, the facts of the case are that by the writ of summons and by paragraph 25 of the statement of claim, the Plaintiff now Respondent claimed against the Defendant now Appellant as follows:-

?25(a) that the Plaintiff is the one entitled to a grant of the statutory Right of Occupancy in respect of or over that piece or parcel of land lying and situate along Ihumudumu-Ujoelen Road, Ujoelen, Ekpoma (adjoining Obehi Hostel) measuring 51.99m x 61.00m x 51.79m x 61.00m a place within the jurisdiction of this Honourable Court.

(b) The sum of N2 million (Two Million Naira) only being general damages for trespass.

(c) An order of perpetual injunction restraining the defendant his agents, servants or privies from further entering or committing

1

any form of trespass on the said piece or parcel of land.

At the conclusion of hearing, Judgment was entered in favour of the Plaintiff against the Defendant in terms of his claims with N400,000.00 as general damages for trespass on the said land of the Plaintiff.

The Appellant who was dissatisfied with the Judgment of the lower Court appealed to this Court.

The Learned Counsel for the Appellant formulated two issues for the determination of the appeal. The issues are set out as follows:-

(1) Whether from the evidence adduced by the Respondent at the lower Court it can be said that there was a sale of the land in dispute by the father of the Appellant to the father of the Respondent. (Distilled from Ground 1 and 2)

(2) Whether the lower Court can rely on the weakness of the Appellant?s case to give Judgment in favour of the Respondent, when the Respondent did not prove his claim. (Distilled from Ground 3)

On the other hand the learned counsel for the Respondent also formulated two issues for the determination of the appeal. The issues are set out as follows:-