Sampson Ibekwe & Ors V. Udo Azubuike (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Judgment of HIGH COURT OF ABIA STATE UMUAHIA DIVISION contained in the judgment of S. N. Imo then C. J. delivered on the 22nd day of November, 2010.

The Appellants and the Respondent had been embroiled in land dispute culminating into this appeal since 1978 in Suit No. HU/80/76 Judgment was first delivered in the Suit on 10th April, 1991 which judgment was upturned by this Court (Port Harcourt Division) on 20th April, 1999 and an order of a retrial of the Suit herein de novo was made.

When the matter got back for retrial at the High Court, the parties amended their processes. The Respondent herein also counter claimed for the declaration that he owned the land. One of the main contentions in the case was whether the Claimants (now Appellants) was not caught by the doctrine of res judicata.

By their further Amended Statement of Claim the Appellants claimed at the Lower Court thus:

?WHEREFORE the Plaintiffs’ Claim against the Defendant for:

(a) A Declaration that the Plaintiffs are entitled to the Statutory Right of Occupancy

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over the piece of land known as and called “ISIOKPULO” situate at Ipupe Ubakala in the Umuahia Judicial Division verged PINK in Plan No: SKS/ABDS/019/2006 filed with this Further Amended Statement of Claim.

(b) N2,000.000 (Two Million Naira) being General Damages for Trespass to the said land; and

(c) An injunction permanently restraining the Defendant by himself or through his agents servants and or workmen from further entering or breaking into or in any way dealing or interfering with the said land”.

By paragraph 19 of the Defendant’s Statement of Defence and Counter Claim the Respondent Counter Claimed thus:

A declaration of the Honourable Court, the Defendant is entitled (sic) to the Customary Right of Occupancy over that piece or parcel of land known as and called OKPUKPU AGU OGBAPITI situate and being at Umuodoche Nsulu Kindred Isingwu Village, Ama-Awo Autonomous Community formerly Aba Division but now Isiala Ngwa North Local Government Area of Abia State.

(b) 1.5 Million general damages for persistent trespass into the land of the Defendant Committed by the Plaintiffs and their representatives.