MR Osok Aneji & Ors V. Sylvester Ikwo Odwong (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 Cross River State sitting at Obubra Judicial Division delivered by KOOFFREH J. on the 17th February,2014.

The parties belonged to neighboring villages and had a dispute over a piece of land resulting in the respondent taking out a writ of summons against the appellants who were then four inclusive of the then 1st defendant who unfortunately died in the course of the proceedings. The reliefs sought by the respondent/claimant were as follows:

”1. An Order declaring that the plaintiff is entitled to the Statutory Right of Occupancy over all that parcel of land situate, being and lying in between the Government Primary School, Owakande 11, Obubra and the former pineapple farm along Obubra-Apiapum Road in Ogada, Obubra Local Government Area within the jurisdiction of this honourable Court.

2. An Order of mandatory injunction compelling the defendants to remove and uproot all economic trees planted on the plaintiff?s land by the defendants, their agents, members, privies, assigns etc.

?3. An Order of

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perpetual injunction restraining the defendants, their agents, staff, members, assigns, servants, privies etc. from entering, encroaching or in any manner trespassing into the plaintiff’s parcel of land situate, being and lying in between the Government Primary School,Owokande 11, Obubra and the former pineapple farm along the Obubra-Apiapum Road in Ogada, Obubra Local Government Area within the jurisdiction of this honourable Court.

4. Damages totally assessed at six million, one hundred and twenty thousand naira (N6,120,000.00) only claimed viz:

(i) Special damages amounting to one million, one hundred and twenty thousand naira (1,120, 000.00) only.

PARTICULARS OF SPECIAL DAMAGES

(I) Six hundred thousand naira (N600,00.00) only being value of the yam farm on the said land which yams were harvested and taken away by the defendants.

(II) Four hundred thousand naira (N400,000.00) only being value of the plaintiff?s cassava farm on the land which worth of cassava tubers the defendants harvested and took away.

(III) Twenty thousand naira (N20,000.00) being value of the plaintiff?s maize on the land which worth of

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maize was harvested and taken away by the defendants.