Mary Joseph Isonguyo V. Efiokanwan Archibong Eyo & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of Cross River State, sitting at Calabar presided over by Honourable Justice Akon Ikpeme, J, delivered on October 10, 2012 in which the suit of the Appellant was declared incompetent on grounds of res judicata.

The Appellant had alleged that her family was the owner and in possession of four detached group of bungalows all at No. 1 Atimbo Road, Otop Otop, Calabar with their tenants until December 13, 2011 when they were ejected and dispossessed of the property, pursuant to a warrant of possession dated June 14, 2011. The Appellant’s enquiry

revealed that the parties on record in the said warrant were all deceased and that no leave of Court was granted to issue same in favour of the 1st Respondent. However, upon the Appellant commencing action to have the Court to set aside the warrant of possession along with other ancillary reliefs, the 1st Respondent raised objection to the suit on the ground that the action for wrongful ejection was the same with a previous action

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for declaration of title and was therefore caught by the doctrine of res judicata.

The case of the Respondent, was that an earlier dispute based on title to the land in issue between the Appellant’s family and the 1st Respondent’s family had been finally determined by the High Court of Cross River State in a judgment delivered by Honourable Justice E. E. Ita on January 29, 2007 in Suit No: HC/410/2004.

The facts of the said case were thus: the Appellant’s father, Reverend Joseph Isonguyo was a clergyman of the Mount Zion Light-House Full Gospel Church. The said Church acquired the 1st Respondent’s family land for evangelical purposes sometime in the 1920’s. Contrary to the purpose for which the land was granted, the Appellant’s father converted part of the church land to his personal and family property, and from 1993, the Appellant’s

family began to challenge the title of the 1st Respondent’s family to the land in issue as overlords. The Church distanced itself from this dispute and settled with the Appellant’s family, entering into a Deed of Assignment with the 1st

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Respondent’s family. But, the Appellant’s family maintained their challenge to the title of the 1st Respondent’s family over the said land. The 1st Respondent’s family saw this challenge as a clear case of misbehaviour rendering the Appellant’s

family liable to forfeiture and thereupon instituted Suit No:

Hc/410/l2004, seeking the following reliefs:-

(1) A declaration that the Plaintiff is entitled to the Certificate of Occupancy over land situate and known as No. 1 Atimbo Road, Otop Otop, Calabar.