Peter Ukwu & Ors V. Fredrick Iludoba (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice, Anambra State, Aguata Judicial Division, Holden at Ekwulobia, delivered by Hon. Justice V.N. Agbata on 23/1/2012.

The Respondent by a Writ of Summons filed on 20/8/01 took out an action against the Appellants wherein he claimed as follows:-

a. A Declaration of the Court that the Plaintiffs are the persons entitled to the statutory right of occupancy over the piece or parcel of land known as ?ALA OHIA UDO ILODUBA? situate at IhuokpalaEkwulobia.

b. N500,000.00 damages for trespass.

c. A Perpetual Injunction restraining the defendants, their agents and privies from further trespass into the land.

The Appellant in reaction by the Statement of Defence filed on the 9/3/2003 denied the Respondent?s claim and counter claimed as follows:

a. A Declaration that the purported statutory certificate of occupancy registered as 53 at page 53 volume 36 of Land Registry Awka, Anambra State or otherwise issued to the Plaintiff in respect of the disputed land is void and of no effect

1

whatsoever.

b. Declaration that the Defendants are entitled to the Statutory Right of Occupancy over the disputed land known as and called MBALA UDO IHUOKPALA more particularly described in Survey Plan No. MU/D22/2003

c. Perpetual injunction restraining the Plaintiff, their agents, workers privies and servants from further interfering with the Defendant?s user (sic) of the said land.

d. N1,000,000.00 damages for trespass.

The facts that led to this appeal are as follows:-