Vincent Anizoba Ugongene & Ors V. Chigbo Igwebuike & Ors (2016)

LawGlobal-Hub Lead Judgment Report

EMMANUEL AKOMAYE AGIM, J.C.A.

On 26-4-1974, the respondents herein, as plaintiffs filed a claim and caused a writ of summons to issue on the same day commencing suit No AA/57/1974 in the then High Court of East Central State (now Anambra State) in the Amawbia/Awka Judicial Division against the appellants herein as defendants, claiming for-

(a) ?Declaration of title to all that piece or parcel of land lying being and situate at Awka known as and called Egbeana Obibia, within jurisdiction, annual value of which is N10.00 as will be more particularly delineated in plan to be filed.

(b) N100.00 being general damages for trespass

(c) Perpetual injunction restraining the defendants their servants and privies from further acts of trespass on the said land.?

The suit was tried on the following pleadings ? further amended statement of claim filed on 2-4-1986 and amended statement of defence filed on 27-7-1976.

The plaintiffs adduced evidence through six witnesses (PW1, PW2, PW3, PW4, PW5 and PW6). The defendants adduced evidence through seven witnesses (DW1, DW2, DW3, DW4,

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DW5, DW6 and DW7). After the adoption by the parties of their respective written final addresses the trial Court on 22-11-2006, rendered judgment holding that the plaintiffs? claim was successful and granting all the reliefs claimed by the plaintiffs as follows-

(a) ?Declaration of title to all that piece or parcel of land lying being and situate at Awka known as and called Egbeana Obibia, within jurisdiction, annual value of which is N10.00 as will be more particularly delineated in plan to be filed.

(b) N100.00 being general damages for trespass

(c) Perpetual injunction restraining the defendants their servants and privies from further acts of trespass on the said land.?

Dissatisfied with this judgment, the defendants, on 20-2-2007 commenced this appeal No CA/E/16/2008 by filing a notice of appeal containing grounds of appeal. The notice of appeal was amended with leave of this Court granted on 18-6-2003. The amended notice of appeal contains six grounds.

Both parties to this appeal have filed, exchanged and adopted their briefs of argument as follows- appellants? brief, respondent?s brief and