Mr. Kanayo Ebenezer Udechukwu & Anor. V. Mr. Tubotein Orlando George (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

T.O. AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the final appeal by the appellants against the judgment of the Rivers state High court Port Harcourt, Division delivered on 16/12/2008.

The claimant had instituted on action at the court below claiming as follows:

“8. WHEREFORE THE PLAINTIFF claims against the defendant as follows:

i) Immediate Vacant possession of the four (4) rooms and appurtenances situate at No. 4 New Market Road, Port Harcourt now detained by the defendant.

ii) PERPETUAL INJUNCTION to restrain the defendant either by himself or through his agents servants or privies from continuing to occupy, interfere with plaintiff right over No. 4 New Market Road, Port Harcourt.

iii) The sum of N72,000.00 (Seventy Two Thousand Naira) only as damages for the use and occupation of four (4) rooms and appurtenances at No. 4 New Market Road, Port Harcourt from 1st December, 1994 to 31st August, 1996.

iv) The sum of N4,000.00 (Four Thousand Naira) per month as damages for the use and occupation of four (4) rooms and premises at No. 4 New Market Road, Port Harcourt from 1st September, 1996 until possession is given up.”

The learned trial judge after listening to the parties and their respective witnesses entered judgment in favour of the claimant but against the defendants jointly and severally as follows:

“1. It is declared that the claimant is the registered legal owner or the holder of the Statutory Right of Occupancy over No. 4 New Market Road, Port Harcourt also known as Plot D Block 198 Township Layout, Port Harcourt.

2. The 1st defendant shall immediately give vacant possession of four rooms and appurtenances situate at No. 4 New Market Road, Port Harcourt to the claimant.

3. The defendants by themselves, their servants, agents or privies are hereby restrained by an order of perpetual injunction from continuing to occupy or interfere with the claimant’s right of ownership over No. 4 New Market Road, Port Harcourt.

4. The claimant is awarded the sum of N30,000.00 as nominal damages.

5. I award N10,000 cost in favour of the claimant.”