Mrs. Franca Madu v. Prince Ikechukwu Igbani (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL ABUBAKAR, JCA (Delivering the leading judgment)

This appeal is against the judgment of the Imo state High Court sitting in Owerri in suit No: HOW/913/2019, delivered on 24th February, 2021.

Brief statement of fact

The respondents as plaintiffs at the High Court of Imo State sitting at Owerri claimed against the appellant as defendant as follows:

1. Declaration of the honourable court that the plaintiffs are persons entitled to the right of occupancy over and in respect of the land lying and being, situate at Toronto Junction Umuorii, Uratta in the Owerri North local government area of Imo State of Nigeria, within jurisdiction of the honourable court.
2. Fifty million naira only (N50,000,000) being damages for trespass into the aforesaid pieces and parcels of land lying and being situate at Toronto Junction Umuorii, Uratta, in the Owerri North Local Government Area of Imo State of Nigeria.
3. Order of court that the defendant refund and/or return all monies collected and/or accruing as rent from the 7 stores to the plaintiffs.
4. Perpetual injunction restraining the defendant, her privies, agents, workmen, servants and/or persons claiming through her from further trespass and/or dealing with the said land in dispute with the attached 7 stores therein in any manner inconsistent with the plaintiff’s rights over same.

The writ of summons and statement of claim and other originating processes were filed on the 21st day of August, 2019 during the annual vacation of the superior courts of record. Under the High Court (Civil Procedure) Rules of Imo State, 2017 the defendant (now appellant) had 42 days within which to enter appearance.

The defendant did not enter appearance within the 42 days provided by the rules and the plaintiffs’ counsel brought an application for judgment dated the 11th day of November 2019 and filed on 12th day of November 2019.

The defendant’s counsel brought a motion for extension of time to file and serve his statement of defence and depositions of witnesses. The motion was dated the 21st day of February, 2020 and filed on the 24th day of February, 2020.

On the 24th day of February, 2020 when the defendant filed motion for extension of time, the plaintiff’s motion for judgment/leave to prove the plaintiffs’ case was granted. The defendant’s motion for extension of time was granted the next day, 25/12/2020.

The outbreak of the Covid19 pandemic resulting in what was referred to as lockdown affected the progress of the case. All the courts were closed for a long time. The effect of the Endsars protests also affected the case as courts in Imo State were closed for a long time, following the burning of some courts and police stations.

The plaintiffs’ (now respondents) counsel filed a reply to the statement of defence dated and filed on the 6th day of March, 2020, he also filed a motion on notice for leave to file additional witness deposition.

The court below proceeded with the case and gave judgment on the 24th day of February, 2021 in favour of the plaintiffs now respondent.

Dissatisfied with the judgment of the court, the appellant filed a notice of appeal on 23rd day of March, 2020 with three grounds of appeal see pages 151 to 153 of the record of appeal

The appellant filed his brief of argument on the 20th of December, 2021.

It is settled by Chief J.U. Iwuchukwu.