Paulinus C. Ngoka V. Philip Ifezue & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This Appeal is against the Judgment of the High Court of Imo State delivered by the Honourable Justice C. A. ONONEZE-MADU of the Orlu Judicial Division on the 5th day of December 2012 in the above headed Suit No. HOR/126/2004. The Appellant as Claimant in the lower Court had by a Writ of Summons dated and filed on the 20th day of December, 2004 and his Statement of Claim dated and filed on the 22nd day of February, 2006 sought for the following Reliefs against the Respondents in paragraph 14 thereof:

“a. A Declaration that the Plaintiff is the Head (DIOKPARA) of DURUOBIAKU Village AMANATOR IHITE OWERRI AUTONOMOUS COMMUNITY IN ORLU Local Government Area of Imo State.

b. N10,000,000.00 (Ten Million Naira) general damages against the 1st Defendant to the Plaintiff for the 1st Defendant’s wrongful claim of the Headship of Duruobiaku Village aforesaid.

c. Perpetual injunction restraining the 1st Defendant from claiming, parading himself or presenting himself as the head of Duruobiaku Village Amanator Ihite Owerri Autonomous Community in any manner howsoever.

d.

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Perpetual injunction restraining the 2nd, 3rd and 4th Defendants from accepting, presenting or recognizing the 1st Defendant as the Head of Duruobiaku Village aforesaid in any manner whatsoever.”

Upon being served with the necessary processes like the plaintiff and Witnesses Statements on Oath and List of Documents sought to be relied upon of the trial and Hearing Notices, the Defendants through their Learned Counsel Chief O. J. O. Okoli Esq., on the 23rd day of August, 2006 filed their Joint Statement of Defence dated the 22nd day of August, 2006 accompanied by the List of Witnesses, Witnesses’ Sworn Statements of Chief Felix Ifezue, Chief Reuben Esinilo, Mr. Vincent Onwukaeme and Mr. Gilbert Obianigwe. The Plaintiffs also filed an Additional List of Witness.

?On Wednesday the 13th day of July, 2011 trial commenced with the Claimant as PW1 AND Augustine Njoku (PW2) adopting their Witnesses Written Depositions without being cross-examined by either the Defendants or their counsel who were absent from Court without any reason. The case was however adjourned to the 26th of September, 2011 after the Minutes Book of the Umuagu Youths Association which

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contained the Minutes of the Association Meeting of 25/1/2003 and 8/2/2003 as pleaded by the PW2 in paragraph 2 of his Deposition was tendered, admitted and marked Exhibits “A” and “B” See page 108 of the Records.

On the 1st day of February, 2012, the Claimant was present in Court while the Defendants were absent and no appearance was entered for them by any Counsel. R. O. Ogbonna, Esq., who appeared for the claimant informed the Court that PW1 and PW2 had concluded their evidence and the matter was adjourned for Cross-examination by the Defence and up till that day, the Defendants and their Counsel had refused or neglected to come to Court. The Learned counsel for the claimant in the circumstance applied that the Defendants be foreclosed from cross-examining the Witnesses for the Claimant, having failed to appear in Court for the past thirteen (13) months then – 13/7/11 and 26/6/11.

In the same vein, the Learned Counsel for the Plaintiff/Claimant also applied to the Court for the foreclosure of the Defendants from further giving evidence adding that the Defendants appeared last in Court in 2010 and accordingly the Court remarked as follows:-<br< p=””