Andrew Ukachi Njoku & Ors. V. The Registered Trustees of the Congregation of the Holy Ghost Fathers (2006)

LawGlobal-Hub Lead Judgment Report

THOMAS, J.C.A.

This is an appeal against the judgment delivered by Hon. Justice L. C. Alinnor in suit No. HOW/249/90 dated 30/05/1995. The judgment was in favour of the plaintiff now respondent in this appeal.

The brief facts of this appeal as per the plaintiff/respondent’s amended statement of claim, is that the respondent purchased the land in dispute in 1976. The land was made of plots 203, 204, 205 and 206 situate at Ugwu Orji Layout Owerri. The sellers were said to be Nicholas Nlumanze and John Nlumanze who claimed to be owners by virtue of inheritance from their forebears. The sale price to the respondent was N7,000.00, and it was evidenced by a Deed of Conveyance dated 2nd August 1976 and registered as No. 74 at page 74 in volume 118 at Land Registry Owerri along with survey plan No. MC/424/76 showing the extent and dimension of the land in dispute.

The respondent also obtained a State Certificate of Occupancy (C of O) dated 08-09-1998 with Plan No. As.A/IM/1987/89. The respondent averred that they took possession over the four plots without let or hindrance until when the respondents trespassed into the land in dispute and destroyed development efforts constructed by the respondent. Hence the respondent then filed the suit against the defendant/appellant claiming as follows: (see 33 – 34 of the record).

“(a) The sum N20,000.00 (Twenty Thousand Naira) being special and general damages for trespass committed by the defendant to the plaintiff’s property know as plots Ugwu Orji Layout Owerri within jurisdiction.

(b) Item of special damages:

(i) Building destroyed by defendants valued at N15,000.00

(ii) General Damages N5,000.00

Total N20,000.00

(c) Perpetual injunction restraining the defendants, their servants, workmen, etc. from committing further acts of trespass to said property or doing anything inconsistent with the plaintiff right thereon.”

On the part of the defendants now appellant as can be gathered from their amended statement of defence at pages 34 – 40 of the record is that the land in dispute is part of the defendant’s land know as and called ALA OHIA EGBELU ORJI which they inherited from their ancestors by conquest from the people of Mbieri. That part of the land in dispute had been the subject of a lawsuit at the Owerri High Court between the defendant and one Nicholas Kamula (Nlumanze) (the plaintiff’s vendor in the present case). And that the defendant won the case and that a certified copy of the judgment was to be tendered to support their ownership of the land. In other words, the defendants/appellants case was that the land in dispute is part of the subject matter in different suit No. HOW/106/77 and HOW/103/77 between Nicholas Nlumanze v. Andrew Ukachi Njoku.

At the lower court, the plaintiff/respondent called three (3) witnesses while the defendants/appellants called four (4) witnesses. Both parties counsel addressed the court and made their submission. After a considered decision, the lower court gave judgment in favour of the plaintiff/respondent and awarded sum of N15,000.00 as special damages and N3,000 as general damages. The learned trial Court Judge also made an order for perpetual injunction by restraining the defendants/appellants, their servants’ agents and privies from committing any further acts of trespass on the land in dispute.

Dissatisfied with the lower court’s judgment, the appellants filed notice of appeal dated 02-06-1995 with only one ground of appeal. Much, later, with the leave of this court, appellants amended their notice of appeal by filing 5 additional grounds of appeal. In the same motion, appellants sought and were granted leave to file their briefs of argument from which they formulated 3 issues for determination. They read thus:

“(a) whether the lower court was right in holding that the land in dispute in HOW/103/77 and the land in dispute in HOW/249/90 (the present case) are not part of each other having regard to the evidence adduced.