Okonkwo Timothy (Alias Job) V. Sunday Oforka & Anor. (2007)

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DENTON-WEST, J.C.A.

At the Nnewi High Court the plaintiffs now the respondents claimed against the defendant now the appellants:

“(a) A declaration that the respondent/appellant have violated the appellants’ fundamental rights to dignity of human person, personal liberty, freedom from discrimination and acquisition and ownership of immovable property as guaranteed by Ss.34, 35, 42 and 43 of the Constitution of the Federal Republic of Nigeria, 1999.

(b) N500,000.00 (Five hundred thousand Naira) jointly and severally against the respondents in favour of the applications for the violation of their fundamental rights.

(c) An injunction restraining the respondent, their servants, agents and or privies from harassing, disturbing, obstructing or however violating the applicant’s fundamental rights.”

The appellant filed a counter-affidavit. At the conclusion, the learned trial Judge in his ruling decided in favour of the plaintiffs/respondents.

Dissatisfied with the decision, the appellant appealed against same. The appellant in accordance with the rules of this court filed his brief and adopted same.

The respondents did not file any brief of argument. By motion on notice filed on the 8th day of November, 2006, the appellant prayed this court that the appellant be heard only on the appellant’s brief of argument dated 8th day of December, 2003 and filed on the 5th day of February, 2004.

The above motion was granted by this court on the 15th day of November, 2006.

The learned counsel for the appellant, G.O. Onyenwife, formulated two issues for determination as follows:

“(1) Whether the learned trial Judge was right to have relied on exhibit A for proof of title by the applicants of the land from which the application is based notwithstanding the provisions of sections 2 and 15 of the Land Instrument Registration Law of Anambra State.

(2) Whether the learned trial Judge was right in his ruling/judgment.

Issue 1:

The learned counsel to the appellant contends that the learned trial Judge relied on exhibit A in his judgment as a document of grant. He refers this court to sections 2 and 15 of the Land Instrument Registration Law, Cap. 72, Laws of Eastern Nigeria, 1963 applicable to Anambra State. He further submits that exhibit A (the land which Ezenwammadu Okafor Oforka granted to the applicants is not a Will as the grantor is still alive, and being not a Will, he contends that it is mandatory that the land should be registered.