Thompson Okoli & Anor V. Ezike Adol-odiokpu & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Anambra State High Court of justice, holden at Ekwulobia, delivered on 25th September, 2013. The respondents had approached the Court below and claimed a declaration that they were entitled to the grant of the Statutory Right of Occupancy of the piece or parcel of land known as and called No. 6 Elendu Street, Okpoko in Ogbaru Local Government Area; the sum of One Million naira (N1, 000,000.00) as general damages and a perpetual injunction restraining the respondents, their servants, agents, privies and workmen from further acts of trespass on the land in dispute.

The appellants denied the claim. Pleadings were filed and exchanged between the parties, who filed depositions on oath of their respective witnesses, who testified for them. The parties’ counsel filed and exchanged their written addresses which were adopted by them. In his judgment, the learned trial judge, found for the respondents and entered judgment for them. The appellants, being naturally dissatisfied with the judgment against them, filed their notice and grounds of

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appeal of ten grounds against it.

The facts of the case are straight forward, to wit:

The land in dispute is a parcel of land known as NO. 6 Elendu Street, Okpoko. The respondents purport to have purchased that land in 1985 from Umuopi Family of Umueze lre Village Obosi. Around July 1993, the appellants entered the land and destroyed the respondents’ building. As the police was investigating the respondents’ complaint of trespass, the 1st appellant sold the land to the 2nd defendant. The respondents had filed a suit in 2002 but could not serve the writ on the appellants. They later filed this suit.

The appellants claim the land to be part of the land sold to the 1st appellant in 1960 by Umu Ezeobodo family of Okpuno Quarters, Obosi. The 1st, appellant sold a portion of the land to the 2nd appellant. Prior to the sale, he had erected a small room on the land. In 1991, the 1st appellant’s vendors executed a formal agreement in proof of the sale. Thereafter the 1st appellant sold the land to the 2nd appellant. In 1993 some persons broke into the land and the 1st appellant resisted the trespass. The appellants pleaded various acts of possession such

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as letting out the land to tenants; erecting a bungalow of three rooms, digging a deep water hole; erecting a wall fence and constructing a concrete gutter in the land. Other actions taken by the appellants as owners were pleaded. In short, the appellants denied that the respondents are entitled to their claim.

In order to prosecute the appeal, the appellants’ brief of argument dated 30th December, 2013 was filed on 23rd January, 2014. The respondents’ brief of argument dated and filed on 18th June, 2014 was deemed as properly filed by this Court on 5th February, 2016. The appellants, in turn filed a Reply brief on 15th February, 2016.

Alexander Ifeanyi C. Agbogu, Esq., who settled the appellants’ brief of argument, identified four issues for the determination of the appeal, thus:

(1) Whether the appellants were not denied their constitutional right to fair hearing when the trial Court refused to recall PW1 and PW2 for cross-examination? [Ground 9).

(2) Whether the appellants’ constitutional right to fair hearing was not denied when the learned trial judge failed to consider the parties’ respective addresses and issues raised therein?