Lawrence Ejike V. Ifeanyi Junior Obiegbunam & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court, Otuocha Judicial Division delivered by Honourable Justice P. C. Obiorah in suit No. OT/11/2002 on 14th January, 2008.

The appellant herein as the plaintiff claimed against the respondent at the Court below as follows:

a. ?A declaration that the plaintiff is entitled to the statutory right of occupancy over the said piece of land situate at Ogui-Aguleri within jurisdiction, which land is more properly shown and described in survey plan No. FAL/LD2/2002 filed with the statement of claim.

b. (100,000) One Hundred Thousand Naira, only as general damages for trespass committed by the defendants in the plaintiffs? said land.

c. Injunction restraining the defendants, their servant, agents, and privies from further trespassing on the plaintiff?s sad land.?

The 1st respondent counter-claimed as follows:

?(a) A declaration that the counterclaimant/1st defendant is entitled to the Statutory Right of Occupancy over the land and building lying, situate and being at Ogui

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Amaeze Aguleri within the jurisdiction of this Honourable Court.

(b) One Million Naira being general damage for trespass.

(c) Perpetual Injunction restraining the plaintiff, his servants, agents and/or privies from further trespass on the said premises.

Both parties testified in support of their claims and called witnesses. In a considered judgment delivered on 14th January, 2008, the Court below dismissed the appellant?s claim and entered judgment in favour of the 1st respondent in respect of his counterclaim.

Being dissatisfied with the judgment, the appellant by a notice of appeal filed on 11th March, 2008 appealed to this Court on 6 grounds of appeal.