Mrs. Angelina Anozie & Anor V. Mrs. Josephine Iroegbu (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK O. OHO, J.C.A. (Delivering the Leading Judgment)

Before the High Court of Imo State, sitting at Owerri in Suit with numbers HOW/421/2004 and HOW/286/2005, which were later consolidated on the orders of Court, the Appellant as Claimant in the said suit No. HOW/421/2004 claimed against the Respondent as follows:

“(a) N10,000,000.00 (Ten Million Naira) being damages for trespass against the Defendant for willful destruction of Plaintiffs house under Construction and forcefully entering upon the land k nown as and called Plot 747 Housing Area “L” New Owerri otherwise called Plot L/747 site and services scheme (World Bank Housing Area) which is covered by statutory certificate of occupancy No. 43 page 43 volume 175 of 21/8/87.

(b) Perpetual Injunction restraining the Defendant, her agents, servants or privies or those claiming through her or under her from further entry into the said piece.”

In the meantime,in the second matter, with Suit No. HOW/286/2005 the Respondent claimed against the Appellants jointly and severally as follows:

(1) Possession of the property and appurtenance known as and described as Plot No. OL/R/747 Area “L” World Bank Assisted, Urban Housing Umuguma, Owerri and situate and being at Umuguma Owerri.

(2) The sum of N10,000,000.00 (Ten Million Naira) being special and General damages for trespass and malicious and criminal destruction of the said Plaintiff property at Plot No. OL/R/747 Area “L” as aforesaid.

(3) Injunction permanently restraining the Defendants their agents, privies, servants and workmen from further destroying or damaging the Plaintiff’s property or from howsoever interfering with the Plaintiffs construction work on the aforesaid described property.

Pleadings were duly filed and exchange and after the consolidation, trial commenced on the 31st day of May, 2007. Four witnesses gave evidence for the Appellant while the Respondent called three witnesses. At the conclusion of the trial the learned trial Judge N. B. Ukoha, awarded the sum of N492,270.00 as special damages and the sum of N1,000,000.00 as General damages, against the Appellants in the consolidated suit.

It is against that decision that the Appellant’s appealed to this court on the following grounds, shorn of their particulars:

GROUNDS:

(1) The learned trial Judge erred in Law by holding that the Appellants did not prove their claim in Suit No. HOW/421/2004.

(2) The trial court erred in Law by holding that the Imo State Government (as the revoking authority) complied adequately with the provisions of the law in the revocation of 1st Appellant’s property and properly re-allocated same to the Respondent.

(3) The trial court erred in law holding that non-joinder of the Governor Imo State or Imo State Government as a party in the suit was fatal to the claims of the Appellants.