Mrs. Mary E. Akwuaka V. Dr. Ambrose A. Lyam & Ors (2007)

LawGlobal-Hub Lead Judgment Report

NDUKWE-ANYANWU, J.C.A.

The plaintiff/appellant in this appeal had sued the defendant/respondent in the High Court of Benue State claiming the following reliefs:-

“(i) An order of perpetual injunction restraining the defendants, their agents, servants, privies, from in any way interfering with or prejudicing the rights of the plaintiff in Plot No. BNC 310.

(ii) An order compelling the 2nd – 3rd defendants to issue to the plaintiff forthwith. Certificate of Occupancy in respect of Plot No. BNC 310.

(iii) Any other equitable or legal remedy that meets the justice of this case.”

The facts of this case is briefly that. the plaintiff had requested for land for commercial purposes from the 2nd and 3rd defendants/respondents sometime in 1998. Plot No. ENC 310 was allocated to her as vacant land. The plaintiff accepted, paid fees in furtherance of the allocation and preparation of Certificate of Occupancy. The plaintiff/appellant infact went into the land and started development. She sand filled the land, fenced, rechanelled the water, put up the small building and started her block making industry.

In June 2001, the 1st defendant/respondent came on the scene and claimed that the plot was allocated to him in 1992. The 2nd and 3rd defendants/respondents then stepped into the matter but failed to resolve the issue. Consequently, the plaintiff/appellant took out a writ against the defendants/respondents.

The parties exchanged pleadings and narrowed the issues for determination. Both sides agreed that the only issue for determination was:

“between the plaintiff and 1st defendant who is entitled to be granted Statutory Right of Occupancy over the disputed plot of land.”

The parties all agreed and submitted their written addresses to the court.

The court delivered its considered judgment on 11th March, 2004 and held that the 1st defendant has “a better right to the issuance of the Certificate of Occupancy or any other title deed over the disputed plot.”

The plaintiff/appellant being dissatisfied with the said judgment of Ejembi Eko. J. of Benue High Court sitting in Makurdi appealed.

The appellant filed her notice and 8 grounds of appeal.

The appellant also filed her brief of argument and distilled 3 issues for determination. Issues 1 and 2 were distilled from grounds 1, 2, 3, 4 and 5 and argued together.