Pastor Iboro Udo Udo V. Sir Jude E. N. Ekpo & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Hon. Justice Stephen E. Okon delivered on the 4th day of March, 2014 at the High Court of Akwa Ibom State in Suit No. HT/6/2010.

Being dissatisfied with the Judgment, the Appellant has brought this appeal by filing the notice of appeal dated the 25th April, 2014 and filed on the 25th April, 2014.Legal

The facts of this case according to the Appellant is that the Respondents trespassed into his land known as and called No. 11 Umoekabom Road, Ikot Ekpene in Akwa Ibom State and built a tank – stand thereon which tank – stand was anchored unto the building of the Appellant without the consent, permission or authority of the Appellant.

Also, the Respondents forcefully trespassed onto the Appellants said land and opened an access Road without the consent or permission of the Appellant. At the lower part of the access Road was already the access Road of the Appellant to his property.

As a result of the above, the Appellants on the 16/03/2010 took out a writ of summons against the Respondents and claimed as follows as per the

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damage suffered viz:Geographic Reference

1. The sum of N10,000,000.00 (Ten Million Naira) only being general damages in that on or about the 1st day of January, 2010, the Respondents broke and entered the Appellant’s land lying and situates at No. 11, Umoekabom Road, Ikot Ekpene, within the jurisdiction of this Honorable Court and built a tank – stand thereon preparatory to selling of water thereof without the authority, permission or consent of the Appellant.
2. An order directing the Respondents to demolish the said tank-stand made up of cement blocks and remove the debris from Appellants land lying and situates or known and called No. 11 Udoekabom Road, Ikot Ekpene.
3. An order directing the Respondents to pay to the Appellant, the sum of N100,000.00 (one Hundred Thousand Naira) only being the cost of the Appellants land forming part of No. 1 Umoekabom Road, Ikot Ekpene, which the Respondents forcefully trespassed thereon and converted it into their own use as an access Road to their Respondents compound without the consent of the Appellant or his predecessor in title and without paying one kobo to the Appellant for the use of the land.Advertising & Marketing
4. An order of

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perpetual injunction restraining the Respondents, their agents, servants, privies and any other person howsoever called acting on their behalf from trespassing into the plaintiffs land known and called No. 11 Umoekabom Road, Ikot Ekpene.

At the conclusion of hearing the learned trial judge delivered its decision on the 24th day of March, 2014 and dismissed the Appellant’s case and gave Judgment in favour of the Respondents in their counter-claim, hence this appeal through a notice of appeal filed on the 25/4/2014.

To argue the appeal, the Appellant formulated issues for determination thus:Courts & Judiciary

1. Whether the Judgment of the High Court of Ikot Ekpene in this case was consistent with the evidence adduced at the hearing of this suit?
2. Whether failure to pronounce any findings by the trial High Court on the issue of trespass to Appellant’s building in the building of the tank-stand by the Respondents across the gutter and anchored on the Appellants building has not occasioned a miscarriage of justice?
3. Did the trial Court properly evaluate the evidence in this case before restraining the plaintiff and his agents from making use of

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the Access Road.Fun & Trivia