Mr. Julius Ogbobe & Ors V. Mr. Idu Oliji & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A (Delivering the leading Judgment)

The action that led to this appeal originated from the Customary Court, Ogurugu in Enugu State. The Appellants, as Plaintiffs “for and on behalf of Ajuona Village in Adani, Uzo-Uwani LGA, Enugu State”, sued the Respondents, also in a representative capacity, and claimed as follows –

(a) A Declaration that the Plaintiffs are entitled to the customary right of occupancy over the piece/parcel of land – – subject matter of this suit.

(b) An Order of perpetual injunction restraining the defendants, whether by themselves, servants, agents, privies, workmen, from trespassing into the said piece of land.

(c) General damages for trespass”.

The Oguruku Customary Court had Chief F.O. Okeji, an President, and Chief E.O. Ogbobe and Chief M.N. Nnalue, as Members of the Court.

The Appellants called five witnesses, while the Respondents called four witnesses at the trial, and after a visit to the locus in quo, the Customary Court presented a “Summary” wherein they ruled that the –

i. Defendants are liable to the owners to the Plaintiff’s claim. This Court hereby declares the Plaintiffs rightful owners of the land in dispute.

ii. It is unnecessary to award cost for damages where there was evidence of damages to the Plaintiffs.

iii. The Court deems it fit to accommodate the settlers in the camp, but should lease with the Plaintiffs for rent subsidies without prejudice.

Dissatisfied with the decision of Customary Court, the Respondents appealed to the High Court, Nsukka, with a Notice of Appeal containing four Grounds of Appeal, and with the leave of that Court, they filed ten Additional Grounds of Appeal. Ground 3 simply complains that they “were not given a fair hearing” and Ground 10 complains as follows –

The trial Court gravely erred in law and violated the Defendants/Appellants’ right to fair hearing by being apparently biased against the Defendants – –

PARTICULARS OF ERROR

a. The Judgment of the trial Court was pre-determined and already arrived at before the trial even began. The trial Court went on to try the case when a Member of is in law disqualified by virtue of nemo judex in causa sua.