Osuji Okoro Oforkire V John Maduike & Ors (2003)

LAWGLOBAL HUB Lead Judgment Report

UTHMAN MOHAMMED, JSC

This is an appeal from the judgment of the Court of Appeal, Port Harcourt Division. Two separate suits were filed in Imo State High Court in the Oguta Judicial Division.

The 1st suit No. HOG/2/79 was filed on 18/1/79 by the present appellants against the respondents, and on 6/3/79 the respondents filed their own suit No. HOG/10/79 over the same piece of land against the appellants.

In Suit No. HOG/2/79 the appellants’ claim against the respondents is for trespass and injunction and in Suit No. HOG/10/79 the respondents claimed against the appellants for:

“(a) Declaration that the plaintiff is entitled to the customary right of occupancy of the land in dispute verged pink in the filed plan No. PO/IMO.23/79 as herein pleaded.

(b) N200.00 (two hundred Naira) general damages for trespass to the said land in dispute as pleaded.

(c) Perpetual injunction restraining the defendants, their servants, agents, workers and all claiming through or under them from entering the said land again and from causing any waste thereon.”

The two suits concern the same piece of land. Ukattah J (as he then was) sitting at Oguta consolidated the two suits and heard them together. In the consolidated suit, Osuji Okoro Aforkire and Anor. were made the plaintiffs and John Maduike and others were made defendants. At the end of the hearing the learned trial judge entered judgment in favour of the plaintiffs. He granted them N10,000.00 as damages for trespass and also made an order of injunction against the defendants.

Dissatisfied with the decision, the defendants, who hereinafter shall be called the respondents, appealed to the Court of Appeal. In a considered judgment of the Court of Appeal, written by Katsina-Alu JCA (as he then was) and concurred with by Onalaja and Muntaka-Coomassie JJCA, the appeal was allowed. The court below granted the following orders in favour of the respondents:

“(a) That the defendants are entitled to the customary right of occupancy of the land in dispute verged pink in Plan No. PO/IMO.23/79.

(b) N200.00 (two hundred Naira) general damages for trespass to the said land.

(c) A perpetual injunction restraining the plaintiffs, their servants, agents, workers and all claiming through or under them from further trespass to the said land’.

It is against the said judgment that Osuji Okoro Oforkire and Alhaji Okoro Oforkire, who are the appellants, in this appeal came before this court. Learned counsel for the appellants, E.T. Nsofor, identified the following four issues for the determination of the appeal:

(a) Whether the Court of Appeal was right in ignoring the objection raised by the Appellant as to the competence of grounds of appeal filed by the respondents.