Mrs. Georgina Mokeme V. Benjamin Okonkwo (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO. J.C.A., (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Anambra State sitting on assignment order at Otuocha division delivered on 16th December, 2008 by Hon. Justice G.N. Mbanugo in suit number 0/216/2006 which was originally filed in Onitsha Judicial Division.

The facts of the case giving rise to this appeal can be compressed as follows: The plaintiff now respondent instituted this action against the defendant now appellant, claiming the ownership of an attachment gable end No. D4/1/G1 Ogbaru Main Market, Okpoko, as being the rightful allottee by the Local Government. As a consequence of the action instituted, the plaintiff in paragraph 25 of his statement of claim, claimed the following reliefs against the defendant, namely:

“(a) Special damage N11,154,500.00

(b) General damage N 200.000.00

(c) A DECLARATION:

(i) That the Plaintiff is the rightful allottee of the attachment gable end No. D4/1/G1 Ogbaru Main Market Okpoko.

(ii) That the possession occupied by the defendant is the possession of the attachment gable end No. D4/1/G1 Ogbaru Main Market Okpoko.

(d) An order of injunction restraining the defendant, her servants, agents, children, husband, thugs and privies from further attack, threat to the life of the Plaintiff or destruction of the Plaintiffs property with acid chemical or any weapon at all and or entry into the said attachment gable end No. D4/1/G1 or further disturbance, interference with the Plaintiff’s rights, titles and interest therein.

(e) An order of the Honourable Court compelling the defendant to reproduce the Plaintiff’s documents which included the Plaintiff’s Purchase invoices, receipts, agreement etc. destroyed by the defendant in the course of trespassing into the Plaintiff’s attachment gable end No. D4/1/G1 Ogbaru Main Market Okpoko.

(f) An order of the Honourable Court compelling the defendant to vacate the possession of attachment gable end No. D4/1/G1 Ogbaru Main Market Okpoko to give the Plaintiff the chance to occupy the said attachment gable end No. D4/1/G1 being the rightful allottee.”

Pleadings were filed and exchanged and the case proceeded to trial. The plaintiff testified as the only witness on the plaintiff’s side, while the defendant testified as the sole witness for the defence. Both parties tendered numerous documents in evidence as exhibits. Written addresses were filed, exchanged and adopted in court.

Thereafter, the trial court in a four paged judgment made a sketchy summary of the testimony of the plaintiff and that of the defendant, a brief reference to addresses of counsel, and a list of exhibits tendered And abruptly concluded thus:

“The evidence before the court shows that the plaintiff Benjamin Okonkwo is the owner of Gable end No. D4/1/G1-G4. The court cannot remove gable end D4/1/G2 which is part of G1-G4 and give to the defendant. It is common sense that G1-G4 are serial numbers. There is no way G2 can be removed from that serial numbers. The defendant should go back to the Local Government and get her own allocation directly from the Ogbaru Local Government. Judgment is hereby given for the plaintiff in the interest of fair hearing and justice. I make no order as to cost.”