MR. Michael Udo Udo V. MR. Emmanuel Uwem Umo Anyankana (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State, Ikot Ekpene Judicial Division delivered by OKON J. on the 7th August, 2014.

The respondent as claimant had taken out a writ of summons against the appellant, his nephew over a parcel of land lying and situate at Abiakpo Ikot Essien, Akwa Ibom State. In the said writ dated 22nd of December, 2011 the respondent sought the following reliefs:

1. A declaration that the claimant is entitled to the statutory right of occupancy over the parcel of land lying and situate at Abiakpo Ikot Essien along Abiakpo Road known and called “Ikot Anyankana or Mbat Enen” and covered by survey plan No. WIMS/AK7362/96.
2. A declaration that any document of title acquired by the defendant in respect of the land now disputed other than that presented at the Village Arbitration Panel and at the Ikot Ekpene District Court dated 9/3/88 and 9/2/88 in Suit No. HT/4A/86 between one Umo Essien Akpan Essien and Udo Adiako Udo Ukut in respect of a different property is a fraud and of no effect.
3. An order of

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perpetual injunction restraining the defendant, his agents, privies and cohorts from further trespass into the claimant’s land aforesaid.

4. An order directing the defendant to pay to the claimant the sum of Ten Million Naira (N10m) as damages for all acts of trespass into the land of the claimant.
5. Cost of action/writ assessed at N100,000.00.

On being served with the originating processes, the appellant filed a defence and counter-claimed against the respondent as follows:

(a) A declaration that the defendant trespassed into the land of the plaintiff known as and called Mbat Enen lying and situate at Abiakpo Ikot Essien Village in Ikot Ekpene Local Government Area of Akwa Ibom State.

(b) Special damages to the tune of N149,000.00 (One hundred and forty-nine thousand Naira).

(c) General damages to the tune of N846,000.00 (Eight hundred and forty-six thousand Naira).

(d) A perpetual injunction restraining the defendant by himself, his agents/servants or other person however called from further and continuous trespass on the land of the plaintiff.

At the end of the trial, the learned trial Judge in the judgment

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delivered as afore-said on 7th August, 2014, refused to grant the relief of the respondent/claimant for declaration of title to statutory right of occupancy but granted his relief for trespass while dismissing the counter-claim of the appellant/defendant.

Each side had reservations about the judgment and while the appellant filed a notice of appeal on the 15th October, 2014, the respondent also filed a cross-appeal on the 6th November, 2014 but deemed properly filed and served on the 3rd March, 2015.