Timothy Ezeobi V. Felix Ezenwankwo & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

This appeal is a sister case to CA/E/37/2005 emanating from the Judgment of the Honourable Justice C.J. Okoli (C.J.) of the High Court of Anambra State sitting at Ekwulobia, Aguata Judicial Division which Judgment was delivered on the 28th day of July, 2003 in favour of the 1st Set of Respondents who were the Plaintiffs thereat.

It would be recalled that at the High Court aforesaid, the Plaintiffs (now 1st Set of Respondents) took out a Writ of Summons on the 24th day of September 1979 against the 1st Set of Defendants (now Appellants) and in their Amended Statement of Claim dated 23rd day of April, 2002 and filed on the 25th day of April, 2002 by the Order of the Court below made on the 21st day of February, 2002 sought for the following Reliefs in Paragraph 64 thereof as follows:

“WHEREFORE THE PLAINTIFFS CLAIM against the 1st set of Defendants jointly and severally as follows:

?(a) A Declaration that the Plaintiffs and 1st Set Defendants are jointly entitled to the Statutory Right of Occupancy in respect of the entire piece or parcel of land known as and called

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“Agudiawala” Land Situate at Umuchi Village Ekwulobia within jurisdiction. The annual rental value of the land is N500.00 (Five Hundred Naira).

(b) N5 Million Naira damages for trespass against 2nd set of defendants.

(c) Perpetual injunction restraining the 1st Set of Defendants their servants and or Agents from further dealing with the said land in any manner whatsoever inconsistent with or detrimental to the joint interest of the plaintiffs over the said “Agudiawala” land.

(d) Perpetual injunction restraining the 2nd set of Defendants, their servants and or their Agents from further dealing with the said land in any manner whatsoever inconsistent with or detrimental to the interest of the plaintiffs in their Agudiawala land.”

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The facts of the case as stated by the Appellants and as can be gleaned from the Records are that the 1st Set of Respondents as Plaintiffs claimed joint ownership of “Agudiawala” Land situate at Umuchi Village, Ekwulobia. The 2nd Set of Defendants from lhuokpala for themselves and all the families constituting the village applied and were joined as parties in the Suit as they claimed that the Plaintiffs/1st Set of

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Respondents and 1st Set of Defendants (now Appellants herein) trespassed into their “Agu Udo” land.