Mrs. Rose Nkem Amobi & Ors V. Dr Charles Chiedu Anazodo (2016)

LawGlobal-Hub Lead Judgment Report

RITA NOSAKHARE PEMU, J.C.A.

 This is an Appeal against the Judgment of Hon. Justice J. I. Nweze of the High Court of Justice of Anambra State, sitting at Otuocha, delivered on the 14th of March 2013 in Suit No. OT/81/2010.

FACTS LEADING TO THE APPEAL
The Suit, the subject matter of this Appeal was instituted vide Writ of Summons dated 22nd of December 2010. – Pages 1 – 2 of the Record of Appeal.

In Paragraph 16 of the Statement of claim filed on the 22nd of December 2010, the Plaintiff (Respondent in this present Appeal) claims against the defendants jointly and severally the following:
(a) “A declaration that the plaintiff is entitled to a certificate of occupancy over and concerning the said piece or plot of land in dispute otherwise known and called Plot 163 Enuovuve Layout Phase 11 Nkwelle Ezunaka and were particularly shown and delineated in Survey Plan No. CD/AN/D.36/2010 wherein it is shown verged pink.
(b) N3,000,000.00 damages for trespass and malicious damage.
(c) Perpetual injunction restraining the defendants, servants, agents, privies, workmen from further

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entering into the aforesaid piece or parcel of land and or from in any manner whatsoever interfering with the Plaintiffs right over same”.
– Page 7 of the Record of Appeal.

The land, the subject matter of the suit at the lower Court is all that piece or parcel of land situate and known as Plot 163 Enuovuve Layout, Phase 11 Nkwelle Ezunaka in Anambra State.

The Respondent (as plaintiff at the lower Court) are claiming that the land in dispute was not allocated to Chief Ogbuefi John E. Anyakora, nor any individual member of the Akupukwu family, as it had been reserved by the Akupukwu family, together with Plot 152 for the purpose of building their family hall. But the Akupukwu family sold the land in dispute to the Appellants, through their representatives and used the money to build their family hall on Plot No. 152.

There is pleaded and relied on by the Appellants, a Memorandum of Customary Grant, executed between the acknowledged representatives of Akupukwu family and the 2nd and 3rd Appellants, which evidences the customary land transaction in respect of the land in dispute.

There is Certificate of Land Ownership issued

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to the 2nd and 3rd Appellants by the Akupukwu family in respect of the land in dispute.

The Appellants claim that they had been in exclusive possession and occupation of the land in dispute since 2006. The Respondent has never been in possession of the land in dispute. The Respondent had approached the Appellants requesting to buy the land in dispute from them. The Appellants refused to sell to them, and the Respondent had resorted to writing petitions to the police, claiming ownership of the land.

The Respondent has it, with the partition of the Akupukwu family land amongst the members of the family, Plots 153, 154, 161, 162 and 163 were allocated/leased to one Chief Ogbuefi John E. Anyakoro. He claims that he bought the land in dispute from the said Chief Ogbuefi John E. Anyakoro.