Mrs. Roseline Ochiga v. Registered Trustees Of The Nkstchurch, Chechwua Community, Makurdi & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the rulings of the High Court of Benue State, Makurdi Division, Coram: M. A. Ikpambese J, in suit No. MHC/237/2011: Mrs. Roseline Ochiga v. Registered Trustees of The NKST Church, Chechwua Community, Makurdi & Ors delivered on 30/10/2012, in which the appellant as claimants application seeking to strike out the DW1s statement on oath was dismissed, and against the ruling of the said court delivered on 19/3/2013, in which the respondents as defendants application to amend their processes including the DW1s statement on oath was granted, and finally against the judgment of the said court delivered on 17/1/2014, in which the claims of the appellant as claimant against the respondents as defendants were dismissed and the counter-claim of the 1st respondent as defendant/counter-claimant against the appellant was granted.

The appellant was thoroughly dissatisfied with the said judgment and had promptly appealed against it vide her notice of appeal filed on 24/2/2014 on thirteen grounds. See pages 212 – 218 of the record of appeal.

The appellant, with the leave of court, filed the 2nd amended notice of appeal on 8/5/2020 on fifteen grounds but was deemed as properly filed on 22/3/2022.

The record of appeal was compiled and transmitted to this court on 13/2/2015 but was deemed as properly transmitted on 3/5/2017. The parties filed and exchange their briefs. Pursuant to order 9 rule 2 of the Court of Appeal Rules, 2021, the respondents also filed a notice of intention to contend that the judgment of the lower court should be affirmed by this court on grounds other than those relied upon by the lower court.

At the hearing of the appeal on 15/1/2024, R. N. Ojabo, Esq., represented the appellant, and adopted the appellants brief and appellants reply brief as his arguments and urged the court to allow the appeal. On his part, D. Amoamo, Esq., represented the respondents and adopted the respondents brief and respondents reply brief as his arguments and urged the court to dismiss the appeal.

The appellant as claimant had on 26/7/2011 commenced an action by means of a writ of summons before the lower court claiming against the respondents as defendants, the following reliefs, namely:

A. A declaration that the landed property in issue is, and remains the property of the plaintiff.

B. An order directing/compelling the defendants to pay the sum of N1,500,000.00 for aggravated general damages for the psychological trauma and inconvenience to which their act of trespass has inflicted on the plaintiff.

C. An order of perpetual injunction restraining the defendants from further act of trespass on the plaintiffs land.

D. The cost of this suit. See pages 2 – 6 and 7 – 28 of the record of appeal.

The respondents as defendants denied liability and the 1st respondent in its amended statement of defence/counter – claim claimed against appellant for the following reliefs, namely:

A. (i) A declaration of title of the said piece of land measuring 89 metres (292 feet) by 54 metres (177) feet lying and situate at Mbagune – Mendekyure Kindred of Agan Ward in Makurdi Town of Makurdi Local Government Area of Benue State of Nigeria in favor of the plaintiff.

(ii) An order declaring null and void the purported rights of occupancy claimed by the defendant as numbers BN6655 and BN5593.