Paul Ezechukwu V. Ignatius Ezeonwu & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of the Anambra State High Court of Justice, Aguata Division, holden at Ekwulobia which Judgment was delivered by Honourable Justice A.O. Okuma on the 24th day of November, 2008 whereby we entered judgment against the Plaintiff and dismissed his Claim in its entirety.

Dissatisfied with the Judgment of the lower Court the Plaintiffs/Appellants now have appealed to this Honourable Court by a Notice of Appeal with five Grounds as contained at pages 215 to 219 of the Record of Appeal filed by the Law firm of G. E. Ezeuko (SAN) & Co. per G.E. Ezeuko, Jnr., Esq. of Counsel.

Briefs of Argument were exchanged in this Court in accordance with our Rules and for the Appellants Emeka Ahamefuna Esq. who settled his Brief distilled two Issues for determination couched as follows:-

“1. Whether or not proper evaluation was made when the learned trial Court shirked his duty and declined to determine whether the Appellant’s father made atonement as regards the land in dispute to the Respondents’ father, an important issue over which issue was joined at the trial Court.

“2. Whether or not proper evaluation was made when the learned trial Judge shirked his duty and declined to determine whether Ani-Eke Ekwulobia is situate on both sides of the Aguata – Awka Road, an important issue over which issue was joined at the trial Court

S.N. Chukwuma, Esq. the learned Counsel who settled the Brief of the Respondents adopted the Issues distilled by the learned Counsel for the Appellants verbatim and there is no need replicating those issues herein.

“1. Whether or not proper evaluation was made when the learned trial Court shirked his duty and declined to determine whether the Appellant’s father made atonement as regards the land in dispute to the Respondents father, an important issue over which issue was joined at the Trial Court.

“2. Whether or not proper evaluation was made when the Learned Trial Court shirked his duty and declined to determine whether Ani Eke Ekwulobia is situate on both sides of Aguata-Awka Roa4 which issues was joined at the Trial Court.”

Before going into the arguments of Counsel on the issues formulated, it is only appropriate at this juncture to have a resume of the brief facts of the case. It would be recalled that the Appellant by his Writ of Summons dated 28th of April, 1999 and filed on the 29th of April, 1999 as well as the particulars of Statement of Claim dated 8th July, 1999; sought for the following Relieves against the Respondents in paragraph 14 thereof:

“14. Whereof the plaintiff claims from the Defendant as follows:-

“(1) A declaration that the Plaintiff is entitled to the Statutory right of occupancy in respect of a piece or parcel of land situate at Ekwulobia known and called “ANI EKE EKWULOBIA” granted to the Plaintiff by Ekwulobia Community wherein the plaintiff erected a chain of stores since 1952 at the said Eke Ekwulobia Market.

“(2) A declaration that the Plaintiff is unaffected by any warrant of possession issued pursuant to judgment obtained in suit No. AA/13/77, not being a party to the said Suit nor servant or agent of the Defendants in the said suit.

“(3) An Order setting aside the Warrant of possession dated the 25th of September, 1991.