Ubani-Ukoma & Anor v. Seven-up Bottling Co. PLC & Anor (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Lead Judgment)

The Appellant, along with two others representing the Ubani Ukoma Family of Umuahia Village of Obingwa Local Government Area of Abia State (then in Imo State), sued the 1st Respondent before the High Court for declaration of title or ownership, damages for trespass and injunction in respect of a parcel of land known as Bvoro Egbelu. The claims were as set out in the Further Amended Statement of Claim which appears at pages 95-101 of the Record of Appeal and two (2) witnesses testified in support thereof at the trial Court.

The 1st Respondent called three (3) witnesses, while the 2nd Respondent who was joined later, called a sole witness, in defence of the claims.

In its judgment delivered on the 1st of November, 2000, the trial High Court dismissed the action for lack of substance and merit.

Aggrieved by that decision of the trial High Court, the Appellants appealed to the Court below, Port Harcourt Division, against same and in the judgment dated 23rd April, 2009, the appeal was dismissed for lacking in merit.

​Again, being dissatisfied with the dismissal of the appeal by the Court below, the Appellant brought this final appeal vide the Notice and Ground of Appeal dated the 27lh May, but filed on the 4th June, 2009, containing ten (10) grounds.

As required by the Rules of the Court, the learned counsel for the parties filed briefs of argument for the prosecution of the appeal as follows:-
1. Amended Appellant’s Brief of Argument filed on 1st August, 2017, deemed on 3rd October, 2018;

2. 1st Respondent’s Amended Brief of Argument filed on 6lh January, 2020, deemed on 21st March, 2022;

3. Amended 2nd Respondent’s Brief of Argument filed on 23rd December, 2021, deemed on 21st March, 2022;

4. Amended Reply on Points of Law to the 1st Respondent’s Brief of Argument filed on 9th of March, 2000, deemed on 21st March, 2022.

5. Reply on Point of Law to the 2nd Respondent’s Brief of Argument, filed on 6th December, 1991, deemed on the 21st March, 2022.

​In the undated, un-paginated and more seriously, unsigned Amended Appellant’s brief aforementioned, eleven (11) issues are set out for determination in the appeal as follows:-

“(1) Given the circumstances of this case whether the judgment is not a nullity
(2) Whether the Court of Appeal was right in their views about pleadings in relation to Section 5 and 8 of Public Land and Acquisition Law, 1963 Cap 105 in this case?

(3) Whether there was a valid Respondents’ Brief of Argument by the 2nd Defendant/Respondent in the Appeal?
(4) Whether the issuance of a Statutory Certificate of Occupancy forecloses an attack on its validity? What is the position of law over issuance of subsequent Statutory Certificate of Occupancy over a land that already has such registered title?

(5) Whether the Court of Appeal was right in upholding the decision of the trial Court that there was a valid acquisition of land, taking into consideration the position of the law as it relates to Section 5 and 8 of Public Lands Acquisition Law?