Nze Dr. S.n. Ugoji, Ksc & Ors V. Onuawuchi Iwuagwu (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of C.M.I. Egole J. of the High Court of Imo State, sitting at Owerri delivered on the 10th day of November, 2008.

The Appellants herein were the plaintiff’s at the court below, while the Respondent was the defendant. By their Writ of Summons taken out on the 3rd day of June 2004, the Appellants as plaintiffs claimed as follows:

“(a) Declaration of the Honourable Court that plaintiffs are entitled to the Customary Right of occupancy to all that piece or parcel of land known as and called “ALA MILE TWO” which situates at Orji along Owerri/Okigwe Road, within jurisdiction.

(b) 2,000.00.00 general damages for defendant’s remorseless trespass into the aforesaid land in the month of April 2004.

(c) Perpetual injunction restraining the defendant by himself, his servants, agents or workmen from any further act or acts of trespass into the aforesaid land.”

Appellants as plaintiffs filed their Statement of Claim, as well as a reply to the defendant’s Statement of Defence.

Plaintiffs spoke through the 1st plaintiff. Their evidence started on 24/7/06. In addition, they called two other witnesses in support of their case.

On the other hand, the defendant called four witnesses. In all, a total of seven exhibits were tendered in evidence, six from the plaintiffs and one from the defendant.

The case of the plaintiffs is that their father Matthias Ihekaji Ugoji bought the land in dispute from the defendant’s grandfather called Iwuagwu Nkwoedeji in 1953. They tendered a receipt as “Exhibit P1” to show that money passed hand between the parties.

According to them, they have been in possession of the land since then without molestation by anyone including the defendant and his ancestors, until 2000 when the defendant broke into it without their consent, leave or licence.

On the other hand, the case of the defendant is that his grandfather merely handed over the land to the father of the plaintiffs for safe keeping when his father Joseph Udeakporo Iwuagwu went to the second world war.

At the close of the cases for the parties, both parties filed written addresses pursuant to the order of the court, through their counsel. Without giving the parties the opportunity to adopt their written addresses in the open court, the trial court proceeded to deliver judgment in the suit.

In his address before the court below, the defendant submitted four issues for determination, namely:-