Nnabuihe Akoma Ekpo V. Chukwuemeka Ukaonu & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment)

The Respondent as plaintiff in the lower court took out this suit leading to this appeal against the Appellants at the High Court, Umuahia by a writ of summons dated and filed on the 22nd day of September 2003. Claiming the following reliefs.

(i) A DECLARATION of the Honourable Court that the plaintiff is entitled to the statutory right of occupancy over the piece or parcel of land known as and called “AHA-IGWU” lying and situate at Agbormgbe Umuelele Umudike Ikwuano Local Government Area of Abia State within the jurisdiction of the Honourable Court.

(ii) General damages of ten million naira (N10, 000,000.00) against the defendants jointly and severally for trespass unto the said AHIA-IGWU” piece or parcel of land.

(iii) Perpetual injunction restraining the defendants by themselves, their agents, servant and or workmen from trespassing or further trespassing or dealing with the said piece or parcel of “AHIA-IGWU” land in any other manner whatsoever. See pages 1 – 2 of the record. The statement of claim is dated the 30/6/2004 and filed on the 7/7/2004.

See pages 4 – 8 of the record.

The 1st and 2nd Appellant then filed a joint statement of defence and counter claim dated the 26th day of September 2005 at pages 9 – 11 of the record of appeal. The 3rd Appellant on his own part filed a separate statement of defence and counter claim on the 31st day of July 2008 at pages 16 – 18 of the record. By order of the lower court made on the 30th day of June, 2010 pleadings were filed and parties were further ordered to comply with the Rules of Court for pre-trial which was started and concluded on the 12th day of July, 2010.

Following the conclusion of the pre-trial conference, the matter was heard and judgment was delivered on the 30th day of November, 2011, in favour of the Respondent while the counter claims of all the Appellants’ were dismissed. See pages 126 – 151 of the record. It is against this judgment of the lower court that the appellants filed an appeal to this court on the grounds set out and contained in their amended notice of appeal.

The facts of the case briefly stated are that the Plaintiff/Respondent a certain Nwabuihe Ekpo claims that he is entitled to the statutory right of occupancy over the parcel of land called “Ahia Ugwu” situate at Agbomgbe Umulele Umudike Oboro within the jurisdiction of this court. The Defendant/Appellants also counter-claimed and after a protracted hearing preceded by a pre-trial conference, judgment in the case was finally delivered in favour of the Plaintiff/Respondent, hence this appeal.

The Appellants’ seven (7) grounds of appeal are hereby reproduced without their particulars as follows:

GROUND ONE

Error in Law

The lower court erred in law when it wrongly rejected a document which is admissible in law.

GROUND TWO