Sunday Chukwuanu V. Victor Uchendu & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice J. I. Nweze delivered on the 30th day of May, 2008 at the Anambra State High Court, Idemili Judicial Division sitting at Ogidi, Nnewi (hereinafter called the Lower Court). The parties had a dispute over the ownership of a piece or parcel of land.

HISTORY OF THE CASE.

The suit was originally commenced at the Anambra State High Court, Idemili Judicial Division, sitting at Ogidi, vide a writ of summons dated and sealed on the 3rd day of May, 2004 on behalf of the plaintiffs (now respondents in this appeal). The plaintiffs/respondents by the said action prayed the Lower Court for the following reliefs:

(a) An order of the Court ordering the defendant to forefeit the land given to his father on which his father built a home for the refusal of the defendant to pay tributes (IruAni) as a customary tenant.

(b) A declaration of the Court that the plaintiffs are the owners of the piece or parcel of land lying, situate and being at Isu Village Oba in Idemili South Local Government Area of Anambra State of Nigeria shown

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on Survey Plan No. FALS/AN/DL27/2005.

(c) A declaration of the Court that the plaintiffs are entitled to the statutory right of occupancy over the piece or parcel of land lying, situate and being at Isu Village Oba in Idemili South Local Government Area of Anambra State of Nigeria shown, described, delineated and verged GREEN in Survey Plan No. FALS/ DL27/2005.

(d) An order of the Court for the defendant to pay Special and General damages of 2,000,000.00 (Two Million Naira Only) to the plaintiffs for the defendants trespass on the plaintiffs land

(e) An order of perpetual injunction restraining the defendant by himself, his servants, heirs, agents, and privies from entering into, remaining on or otherwise interfering in any with the plaintiffs right or interest over the land in dispute lying, situate and being at Isu Village Oba, which land is the property of the plaintiffs.

The respondents case was supported by a 42 paragraph statement of claim and nine (9) witnesses were called to testify on their behalf. The defendant (now appellant in the instant appeal matter) on his own part, filed a twelve (12)

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paragraph statement of defence and counter – claim, wherein the appellant prayed the Lower Court for the following reliefs: