Mr. Paul Agbor V. Mrs. Helen Agom (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The respondent filed three separate suits in the High Court of Justice of Cross River State holden at Ogoja, namely,HJ/17/2003; HJ/18/2003 and HJ/20/2003. Suit No. HJ/20/2003 filed on 17th day of March,2003 is now the subject matter in this appeal. In the course of the proceedings the three suits were consolidated.

In each of the consolidated suits the respondent claimed in a representative capacity from the appellant and others, title to the land in dispute. The learned trial Judge heard evidence and delivered judgment on the 4th day of February,2009 in favour of the respondent as follows:

“I therefore order as follows per the respective Defendants.

FIRST DEFENDANT,JOSEPH ANYIM SUIT No. HJ/20/2003

I adjudge him a trespasser on the land in dispute.

Judgment for the plaintiff.

1. I declare that the plaintiffs are entitled to the deemed right of occupancy of the land and the four rooms house lying and situated (sic) at Ushi-Utamte, Igoli Ogoja more particularly known and called “Uko Utogols compound, Ushi-Utamte.”
2. I declare that the plaintiffs are entitled to the land and property called “Uko Utogor’s compound” as the rightful inheritors of the estate in accordance with Nkim custom.
3. I declare that the six rooms foundation started in the land by the Defendant is without leave, license (sic) and authority of the plaintiffs,the rightful owners.
4. On the sum of N500,000.00 general and aggravated damages, I, in consideration of family connection in this matter award a nominal sum of N5,000.00 (Five thousand Naira) only.
5. An order of perpetual injunction hereby issues under my seal and hand restraining the defendant by himself, his workers, agents, servants, successors, privies and assigns from further entering or attempting to enter into the piece and parcel of land in dispute lying and situate at Ushi-Utamte village, Igoli-Ogoja to do any acts in violation of the plaintiffs’ exclusive title thereof.
6. Parties to bear their costs.

This is my judgment in Suit No. HJ/20/2003.

Sgn. Hon. Justice Michael Edem, 2nd February, 2009.”

In Suit No.HJ/17/2003 his Lordship made the following pronouncement in favour of the respondent:

“2ND DEFENDANT, AUGUSTINE ELLAH IN SUIT

NO. HJ/17/2003

I adjudge him a trespasser on the land in dispute.Judgment for the plaintiff.

1. I declare that the plaintiffs are entitled to a reversion to them of the entire land with four rooms compound called “Uko Utogor’s compound” Ushi-Utamte as their inheritance in accordance with Nkim custom as children of their deceased father late Uko Utogor.
2. I scale down the sum of N500,000.00 as aggravated damages to N1,000.00 (One thousand Naira) nominal damages still in consideration of family connection since he did not gate-crash into the property but was misleadingly brought in by a family member,1st defendant.
3. Parties to bear their costs.

This is my judgment in Suit No. HJ/17/2003.