Mr. P.O. Okpara & Ors v. Mrs. Dorothy Mirikwe (By Attorney Ben Ehumadu) (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL ABUBAKAR, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the Imo state High Court sitting in Owerri in suit No. HOW/110/2004, delivered on 18/6//2013.

Brief statement of fact

The claimant (Respondent) had vide a claim filed on the 25th March, 2004, and later amended and filed on the 10th of October, 2011 and claimed against the appellants (as defendants) the reliefs as adumbrated in the writ of summons and statement of claim inter alia viz:

(a) N20,000,000.00 (Twenty million naira damage) being special and general damages for the unlawful destruction of the building.

(b) A declaration that the plaintiff (Mrs. Dorothy Mirikwe) is the person allotted Plot OM/RC/281A World Bank Housing Estate Owerri within jurisdiction.

(c) A declaration that Plot No. OM/RC/281A does not exist within the said World Bank Urban Project (Estate) Owerri.

(d) An order of perpetual injunction restraining the Defendants and his agent or any Attorney from further acts of trespass on the said property.

In response to the suit, the appellants as defendants at the trial court by an amended statement of defense/counter claimed as follows:

(a) A declaration that the subject matter of this suit which the plaintiff refers to as Plot OM/RC/281A is in fact Plot OM/R/281A World Bank Housing Estate, Owerri and validly allocated to the defendant.

(b) A declaration that the defendant is therefore entitled to the statutory right of occupancy over the said Plot OM/R/281A Area “M” World Bank Housing Estate, Owerri.

(c) A declaration that the plaintiff has no interest or title over the subject matter whether as Plot OM/RC/281A or as Plot OM/R/281A having admittedly divested herself of the title or interest thereto.

(d) Perpetual injunction restraining the plaintiff by herself, agents, attorneys, privies, servants or howsoever from further trespass unto the said Plot OM/R/281A World Bank Housing Estate Owerri.

(e) N5,000,000.00 general damages for trespass and N124, 500.00 for special damages.