Mrs. Iquo Mbong Nyong v. Terna Peter Igbaya (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Benue State Makurdi Division, Coram: T. A. Igoche, J, in suit No. MHC/85/2007: Mrs. Iquo Mbong Nyong v. Terna Peter Igbaya delivered on 18/3/2010, in which the claims of the appellant as claimant against the respondent as defendant was dismissed for lacking in merit, while the counter-claim of the respondent against the appellant was struck out for lack of locus standi.

The appellant was thoroughly dissatisfied with the said judgment and had appealed against it vide her notice of appeal filed on 15/6/2010 on two grounds of appeal. See pages 164 – 166 of the record of appeal.

The record of appeal was compiled and transmitted to this court on 8/9/2016 but was deemed as properly transmitted on 8/11/2021. Only the appellant filed her brief of argument as the respondent, despite the service on him of all the processes in this appeal, did not file any brief.

The appeal was heard on 28/3/2023 on the appellant’s brief alone. The appellant was represented by A. O. Aruta, Esq. The respondent, though duly served with hearing notice on 23/3/2023, did not participate at the hearing of this appeal.

By a writ of summons filed on 17/4/2007 before the lower court, the appellant as claimant claimed against the respondent as defendant the following relies, to wit:

A. Declaration that by virtue of the deed of assignment executed between the plaintiff and defendant’s late father over the parcel of land in dispute title over the land covered by the certificate of occupancy No. BN 10305 has been transferred to the plaintiff.

B. Declaration that the plaintiff is entitled to the exclusive possession of the said parcel of land to the exclusion of all including the defendant.

C. Declaration that the obstruction of the plaintiff by the defendant on the said parcel of land is wrongful and amount to trespass.

D. Perpetual injunction restraining the defendant whether by his agents, privies or assigns from further obstructions of the plaintiff on the said land.

E. General damages of N20,000,000.00 only.

F. The cost of prosecuting the suit. See pages 1 – 5 of the record of appeal

Upon service of the processes in the appellant’s suit on the respondent, he filed his statement of defense and counter – claim claiming against the appellant the following reliefs, to wit:

A. A declaration that Plot No. BN 10,305 belong to Mrs. Yabunde Peter Igbaya who is still alive and not late Peter Iorwa Igbaya.