Margaret Ifekaudu V. Joseph Ibeagwa (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Anambra State, holden at Onitsha delivered on 30th day of May, 2006 by Hon. Justice Vin Agbatain suit number 0/839/99.

The facts of the case giving rise to this appeal can be compressed as follows: The plaintiff now respondent and the defendant now appellant, have been husband and wife. In the course of time, disagreements and domestic quarrels erupted between them resulting in the defendant vacating the matrimonial home. Both the plaintiff and the defendant claimed ownership to a market stall known as No. Q1/16 GE, Lagos Line, Onitsha main market. As a consequence of the foregoing, the plaintiff instituted an action against the defendant, claiming the following reliefs:

“(a) A declaration that the plaintiff is the lawful allotte of stall No. Q1/16 GE Lagos Line Main Market, Onitsha.

(b) An order of injunction restraining the defendant, her agents, privies and ‘strong men’ from interfering with the plaintiff’s possessory right in and over stall No. Q1/16 GE Lagos Line, Main Market, Onitsha.

See page 7 of the record of appeal.

Pleadings were filed and exchanged and the case proceeded to trial. The plaintiff testified as PW1 on 7th April, 2005 and tendered exhibits A, B, C – C7, D. Mr. Okosieme Ifechukwudelu testified as PW2 on 20th April, 2005, thereafter the plaintiff’s case was closed.

After about three adjournments, the defendant opened her defence on 24th November, 2005. On the same date, one Lawrence Azubuike Uzoechina, litigation officer of Onitsha North L.G.A. started giving evidence as DW1 and tendered a subpoena as exhibit D1. In the course of his evidence, the court adjourned proceedings to 7/2/06, 8/2/06, 28/2/06, 1/3/06 and, 2/3/06 for continuation of evidence. See page 157 of the record of appeal.

After about four adjournments namely on 7/2/06, 8/2/06, 28/2/06 and 3/4/06, the case eventually came up on 12/4/06 and the proceedings of the court for 12/4/06 are hereby reproduced:

“HOLDEN AT ONITSHA

BEFORE HIS LORDSHIP HON. JUSTICE VIN. NWABUEZE

AGBATA

ON WEDNESDAY THE I2TH DAY OF APRIL, 2006.

0/839/99