Mrs. Rita Okoye V. MR. Frank Tobechukwu & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the judgment of the High Court of Anambra State delivered in Suit No. O/138/2005 by Honourable Justice Vin Agbata on 20th April, 2009. The 1st respondent instituted the suit against the 2nd respondent and claimed the following reliefs:

a. ?A declaration that the plaintiff is the person entitled to the said low density, Plot No. 24 Block 11 Site B, Site and Services Scheme Trans Nkisi Onitsha Anambra State.

b. N5,000,000.00 (Five Million Naira) damages for trespass.

c. A perpetual injunction restraining the defendant, the agents, privies, cohorts and workmen from trespassing or further trespassing on the said low density Plot 24 Block 11 Site B, Site and Services Scheme Trans Nkisi Onitsha or in any other manner disturbing or interfering with the plaintiffs possession of the said land.?

Judgment was entered in favour of the 1st respondent. The appellant herein was not a party to the suit at the Court below. In the suit at the lower Court the 2nd respondent claimed that the land in dispute was not allocated to

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him. He did not mention the name of the person to whom the land was allocated. He claimed that the 1st respondent knew the person to whom the land was allocated. The appellant herein is now claiming that the land was allocated to her. She sought and obtained the leave of this Court to appeal against the said judgment as an interested party on 10th October, 2014. She then filed a notice of appeal containing three grounds of appeal on 23rd October, 2014. The grounds of appeal without their particulars are reproduced below:

GROUND I: ERROR IN LAW

?The learned trial judge erred in law and came to a wrong decision which occassioned a gross miscarriage of justice when he held thus:

?In my most humble opinion the above cannot by any stretch of imagination, be considered a defence to the formidable case which was made out by the Plaintiff, since the Defendant has admitted, that the land in dispute does not belong to him, he has nothing to lose if the Court declares the Plaintiff the owner thereof.?

GROUND II: ERROR IN LAW

The learned trial judge erred in law and came to a wrong decision which occassioned a gross miscarriage

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