Rev. John Iroaganachi V. MR. Okechukwu Madubuko & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE?MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Abia State High Court in Suit No.HU/98/98, delivered by Hon. Justice K. 0. Amah wherein the learned trial Judge, on 23/3/2006, granted all the prayers of the Plaintiff (including the totality of the special and general damages), claimed and dismissed the Counter-Claim by the Defendants. Appellants were the Defendants at the Lower Court and had filed this appeal, being dissatisfied with the judgment.

At the Lower Court, the Respondent (as Plaintiff) had claimed for:

“(a) Five Hundred Thousand Naira (N500,000,00), being special and general damages for the Defendants’ acts of trespassing into the Plaintiff’s land known as and called “UZO OGBODI” land situate at AMACHARA UMUOPARA,UMUAHIA SOUTH within the jurisdiction of the Honourable Court, in March/April 1998.

“(b) Injunction, permanently restraining the Defendants, their agents, servants and/or workman from further trespass into the said land of the Plaintiffs.”

The case was heard on the pleadings filed by the two sides. The Plaintiff called two (2) witnesses and the Defendants called one in addition to the 1st

Defendant, who testified.

The Court adjourned the case for addresses by Counsel at the close of evidence. It was then that Defendants’ Counsel applied for leave to file a counter-claim and was allowed, the application, not having been opposed by the Plaintiff. The Counsel, thereafter, on 6/2/08, adopted their addresses and the case was adjourned for judgment, wherein the trial Judge held for the Plaintiff, thus:

?”In the final result, the Plaintiff has successfully discharged the burden of proof which lies on him in this case. On the balance of probabilities I am satisfied that he has proved damages and injunction which he alleged in the pleadings as well as the statutory Right of Occupancy over the land in dispute, which was, by operation of law put in issue in this suit.

On the other hand the Defendants’ counter claim fails woefully pursuant to the reasons advanced above. I award in favour of the Plaintiff against the Defendants jointly and severally five hundred thousand naira (N500,000.00) being special and general damages for the Defendants’ act of trespassing into the Plaintiff’s land known as and called Uzo ogbodi’ situate at Amachara Umuopara Umuahia

delineated in Plaintiff’s plan, No.TNK/ABD/16/98 dated 31/8/98, received as Exhibit A in these proceedings.”

See page 107 of the Records of Appeal

Appellants filed this appeal against that judgment on 28/3/06, as per the Notice and grounds of Appeal on pages 108 to 117 of the Records of Appeal, disclosing 9 (nine) grounds of appeal. Appellants filed their brief of argument on 6/2/2007, which was deemed duly filed on 6/3/2007. They distilled five (5) issues for the determination of the appeal, as follows:

(1) Whether the trial judge was right when he held that the land in dispute was sold by Thomas Madubuko (late father of the 1st Defendant) to the Plaintiff. Grounds 3 and 5