Livinus Nwabude V. Peter Onuma (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

By a Writ Summons dated the 8th day of February, 2005 and filed on the 9th day of February, 2005 and the particulars of Statement of Claim dated the 15th day of June, 2005 and subsequently filed on the 20th day of June, 2005, the Plaintiff (now Appellant) sought for the following reliefs against the original Defendant (then Mr. FIDELIS ONUMA and now substituted with the present Respondent MR. PETER ONUMA):

“(a) A Declaration that the Plaintiff is entitled to Right of Occupancy and Exclusive Possession over the piece and parcel of land situate at UGWUAGBA, NEW LAYOUT, OBOSI IN IDEMILI NORTH LOCAL GOVERNMENT AREA OF ANAMBRA STATE VERGED RED IN SURVEY PLAN NO. FALS/AN/DL/09/2005

“(b) N500,000.00 (Five Hundred Thousand Naira) damages for trespass.

“(c) N270,000.00 (Two Hundred and Seventy Thousand Naira) for destruction and waste of the economic trees on the properties.

“(d) Perpetual Injunction restraining the Defendant himself, his agents, privies, hirelings, servants and workmen from interfering, trespassing or contriving any acts of trespass on the said

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property.”

Upon being served with the Originating Processes, the Deceased Defendant filed his Statement of Defence dated the 22nd day of September, 2005 same date and stated that at the trial he would urge the Court below to dismiss the Plaintiff’s Claim. Hearing of the case commenced on the 2nd day of May, 2006 with the PW1 MICHAEL MMADUEGBUNA testifying as the Secretary of IME OBOSI LAND MANAGEMENT COMMITTEE appointed by the IGWE-IN-COUNCIL OBOSI to arbitrate and look into various land matters arising from sale of land in Obosi and which actually arbitrated on the disputed land between the parties and came up with a final Report captioned “RULING IN THE LAND MATTER BETWEEN LIVINUS NNABUDE AND FRANCIS OKAFOR, MR. ONUMAH AND CHUKWUNONSO OBI” and same was tendered admitted and marked Exhibit ‘A’.

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On the 17th day of May, 2006, after the PW1 was cross-examined, the Plaintiff (Livinus Nnabude) was called as the PW2. He testified and tendered the Purchase Receipt of the land which was admitted as Exhibit ‘B’. He further tendered the original Plan of the Land in dispute PLAN NO. GAV/AG.51/86 of 12/5/86 admitted as Exhibit ‘C’ while PLAN No USA/S/55/2002

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dated 8/7/2002 prepared when the land was mapped out as a Layout was also tendered admitted and marked Exhibit ‘D’ without objection from the learned Counsel for the Defendant.

The Witness was also cross-examined on the 6th day of July, 2006 at the end of which the Plaintiff closed his case that day and the case was adjourned to the 26th September, 3rd and 12th October, 2006 for continuation of hearing but it was not until the 4th day of November, 2010 that DW1 Ambrose Obiesie Agwuegbo was called and after adopting his Witness Deposition ON Oath he sought to tender a document styled Customary Conveyance which was objected to by Chief A. O. Mogbo SAN and which objection was sustained on the grounds stated at Page 122 of the Records in the considered Ruling of the Learned Trial Judge. DW1 eventually rounded up his evidence and was cross-examined after which the DW2 Chukwunonso Obi was called but upon discovery of some discrepancies in his name the Defence Counsel sought leave of Court to expunge and strike out his initial Witness Deposition made on 22/10/2001which application was granted.