Pastor Alex Onuche V. Hon. Cletus Onyebuchi & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

The suit, the subject matter of this appeal was instituted by Writ of Summons filed on the 7th of June 2013 – page 1 of the Record of Appeal.

This Appeal is against the Ruling of A. O. Onovo J. delivered on the 25th of November 2013 in Suit No E/254/2013 in which he dismissed the application to strike out the suit.

SYNOPSIS OF THE FACTS

The plaintiffs (Respondents in the present appeal) had sought the following relief against the Appellant (Defendant at lower Court) Vig.

(i) An order of declaration that the parcels of land known as Plots 393, 442, 443 and 444 Emene Industrial/Residential layout, Enugu in Enugu East Local Government Area of Enugu State belong to Mr. Christian Nwakoby Ejoh (4th Plaintiff), Arc. Alex C. Nwosu (3rd Plaintiff), Hon Cletus Onyebuchi (1st plaintiff) and Engr. Jude I. Agupusi (2nd plaintiff) respectively.

(ii) An order of perpetual injunction restraining the Defendants by themselves and through their agents, servant, privies, officers, workmen or otherwise howsoever from further acts of trespass on land known as Plots 393,

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442, 443 and 444 Emene Industrial/Residential layout, Enugu in Enugu East Local Government Area of Enugu State, including the continuation of erection of building structures or any other structure thereon or otherwise in any manner interfering with the plaintiffs’ right of ownership and dominion over the plots in any manner and under any guise.

(iii) An order on the Defendants releasing restoring, surrendering and/or returning, to the plaintiffs, the said parcels of land

(iv) Damages for trespass:

(V) N40 Million.

Pages 2 & 3 of the Record of Appeal

After joining issues with the plaintiffs at the lower Court, the Appellant filed a motion dated 31/10/2013 praying Court to strike out the Respondent’s suit for being incompetent as it does not disclose any course of action – page 76 of the Record of Appeal. This is because the Respondents’ allocation of land has been revoked. That the Respondents allocation was made in error, as there cannot be two allocations in respect of the same parcels of land. The Respondents filed a counter affidavit stating in essence, that searches, having been conducted at the Enugu State Lands