Mark Obinyiri & Ors V. Peter Ibe & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Anambra State, holden at Nnewi Judicial Division, delivered on 21st day of December, 2007 coram G.E. Ifeakandi J.

The judgment appealed against arose out of two consolidated suits namely: (i) HIH/12/95 and HIH/13/95, respectively. The first suit was instituted by the respondents, in a representative capacity, against the appellants. While the second suit was filed by the appellants, likewise in representative capacity, against the respondents. It is evident from the record that pleadings were filed and exchanged by parties in both suits which were therefore consolidated for trial.

The plaintiffs in suit No. HIH/12/95 who continued to be the plaintiffs in the consolidated suits Nos. HIH/12/95 and HIH/13/95 claimed per their Amended Statement of Claim dated 23/9/93 for themselves and on behalf of Igboanugo family members of Umueze village Ihiala, excepting 7th defendant as follows:-

(a) A declaration that the plaintiffs rightly and exclusively are entitled to a grant of statutory right of occupancy in respect of the land in dispute.

(b) Perpetual injunction restraining the defendants, agents, servants and privies from further trespassing into the said land.

(c) N5M (Five Million Naira) being general damages for trespass into the said land.

(d) An order of court setting aside any sale or grant or any form of transaction between the 1st to 6th defendants and the 7th defendant over this land.

(e) An order of forfeiture of any of any occupation or residence on any portion of the land in dispute.

The defendants also in their suit No. HIH/13/95 claimed against the plaintiffs as follows:-

(a) A declaration that they are entitled to the statutory right of occupancy in respect of the land in dispute.

(b) N100,000.00 (one hundred thousand naira being damages for trespass.

(c) Perpetual injunction restraining their defendants, their agents, servants, and privies from any further trespass into the land in dispute.

From the pleadings and evidence adduced the appellants case was that the Ala Akwu Umu Nwachukwu land was shared particularly in 1956 amongst the three sons of Nwachukwu namely; Nwaizuegbu, Anoyika and Igwenaha and that the descendants of these three (3) sons continued, to allot land from the portions, inherited from the three lineages. DW1 and DW3 gave evidence in line with the pleadings.