Mr. Ogbu Egbuta & Ors. V. Agbaeke Kalu Onuna (2007)

LawGlobal-Hub Lead Judgment Report

SAULAWA, J.C.A.

This is an appeal against the judgment of the Abia State High Court Ohafia Judicial Division, Coram C. B. U. Wogu, J; delivered on 31/7/96, in two consolidated suits; HOH/13/80 and HOH14/80. The two consolidated suits were both filed by the present respondent against the 13 appellants. The respondent’s reliefs in the first suit (HOH13/80) as contained in the “Further Amended Statement of Claim” filed on 04/4/89 are to the effect that –

“11. By reason of the above facts the plaintiffs had suffered damages and claims from all the defendants jointly and severally as

(a) A declaration that the plaintiff is entitled to the customary rights of occupancy and has been (and is still) in possession of a piece or parcel of land known as and called “EDO UZO NDI OKORONTA” situate at Abiriba within the jurisdiction of this Honourable Court the annual rent of which is not more than ten Naira (N10.00).

(b) One hundred thousand Naira (N100,000.00) being general and special damages for trespass against the 1st set of defendants.

(c) A perpetual injunction restraining all the defendants, their servants and or agents from further trespass upon or in any way interfering with the said land.

Special damages: 8,000 Cassava stands at N5.00 each = N40,000.00

General damages N60,000. 00

N100,000.00

The respondent’s reliefs claimed in the second suit (HOH/14/80) filed on 11/6/80 are thus:

10. Wherefore the plaintiff claims from the defendants jointly and severally:

(a) A declaration that he is entitled to the customary right of occupancy of that piece or parcel of land known as and called ALI OKAZU being and situate at Abiriba within the jurisdiction of this Honourable Court the annual value of which is N10.00.

(b) One Hundred Thousand Naira (N100,000.00) general and special damages for trespass.

(c) A perpetual injunction restraining the defendants, their servants, workmen and or agents from further trespass upon or in any way interfering with the said plaintiffs’ land.

PARTICULARS OF SPECIAL DAMAGES