Ugwu Oko & Anor. V. Jeremiah Okenwa (2009)

LawGlobal-Hub Lead Judgment Report

STANLEY SHENKO ALAGOA, J.C.A.

This is an appeal against the judgment of R.C. Agbo J. of the High Court of Enugu State delivered on the 15th March 2004 in Suit No. E/415/82. In the said court below the present Appellants as Plaintiffs had by paragraph 12 of their further amended Statement of Claim dated the 25th February 2000 and filed on the 6th March 2000 and which is contained at pages 20 – 22 of the Record of Appeal claimed as follows-

(a) Declaration that the Plaintiffs are entitled to the statutory Certificate of Occupancy in respect of that piece of land situate and lying at Isiagu Amechi Awkunanaw Enugu South Local Government Area

(b) N500.00 damages for trespass

(c) A perpetual injunction to restrain the Defendant, his servants, agents or privies from entering the said piece or parcel of land otherwise known as the land in dispute

(d) A declaration that the statutory occupancy dated 1/3/81 granted by the Government of Anambra State of Nigeria to the Defendant Jeremiah Okenwa in respect of the land in dispute is null, void and of no effect whatsoever.

A summary of this case at the lower court which has now come up here on appeal is that the Appellants, then Plaintiffs claimed to have owned the land in dispute from time immemorial. Later structures were seen being developed on the land. The Respondent who gave evidence as D.W. 1 by name Jeremiah Okenwa who owns a plot of land on the land in dispute and lives on the said land in dispute claimed to have bought same from Okonkwo Ogbu who is late. He obtained a receipt – exhibit “D” for the said purchase. Subsequently he applied for and obtained a Certificate of Occupancy from the Governor with respect to the purchased land which was tendered in court as exhibit “E”. The said late vendor Okonkwo Ogbu had also sold adjoining plots of land to other persons namely Obichukwu Nwodo, Uwankwo Ani, Obodo and Vincent Ndu who had all developed their respective properties. 2nd Plaintiff had approached him (Respondent) to lay claim to the land contending that the land belonged to the Plaintiffs who had inherited same from their forefathers. The said Plaintiffs were members of Umuoko family. The matter went on to be heard and after the defence had closed its case and in the course of his address, Plaintiffs’ counsel sought to amend his pleadings to accord with evidence given that the land in dispute is owned by the family. In the ruling reserved for judgment, the trial court rejected the said amendment sought and found for the Respondent.

Dissatisfied the Plaintiffs have appealed to this court.

The Notice of Appeal is dated the 4th June 2004 and filed on the 7th June 2004. Contained at pages 92 – 98 of the Record of Appeal, it consists of four Grounds of Appeal –

GROUND 1-

The judgment is against the weight of evidence.

GROUND 2-

Error in Law:

The Learned trial Judge erred in law when he gave judgment for the Respondent on whom lay the burden of proving that the Appellants are not the owners of the land in dispute when that burden had not been discharged by him.