Thomas Nruamah & Ors. V. Reuben Ebuzoeme & Ors (2013)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C

This is an appeal against the judgment of the Enugu Division of the Court of Appeal, delivered on the 13th day of July, 2005.

The appellants herein were the plaintiffs at the trial Court in Suit No. HN/22/76 instituted in a representative capacity at the Nnewi Division of the Anambra State High Court against the Respondents as Defendants.

The appellants had sometime in July 1976 instituted an action against the respondents as defendants. By paragraph 32 of the Amended Statement of claim dated 16th January, 1984, they claimed jointly and severally as follows:

(i) Declaration of title to all that piece or parcel of land known and called “Ogwugwu Ahaba” situate at Uruokwe Ezeanaike Egbema Ozubulu verged pink in the plaintiffs Plan No. MEC/308/77 within the jurisdiction of this court the annual value of which is N20,000.

(ii) N1,000.00 damages for trespass.

(iii) Injunction restraining the defendants their servants and or agents from further trespass into the said “Ogwugwu Ahaba” land.

Subsequently, in 1977, after filling their defence to the action, five out of the ten (10) Defendants who had earlier been sued filed a separate action in Suit No. HN/14/77 against the plaintiffs/appellants in Suit No. HN/22/76. In the latter action, the plaintiffs now respondents had claimed against the defendants/appellants jointly and severally, as follows:

(i) Declaration that the plaintiffs are the persons entitled to the customary right of occupancy of all that piece or parcel of land known and called “Ogwugwu Ahaba” land situate at Uruokwe Ezeanike Egbema, Ezubulu verged green in the plaintiffs’ plan No. MEC/420/87.

(ii) N1,000 (One thousand Naira) damages for trespass.

(iii) Injunction restraining the defendants, their servants and or agents from further trespass into “Ogwugwu Ahaba” land.

Upon completion of pleadings, the two suits were consolidated and heard together. In the consolidated suits, the plaintiffs in Suit No. HN/22/76 were referred to as the plaintiffs whilst the defendants in the same suit remained the defendants in the consolidated Suits.

At the trial, the parties called six (6) witnesses respectively to prove their case. At the conclusion of the trial, in its considered judgment, the trial court found that the plaintiffs’ failed to prove their case. As a result, the claims in Suit No. HN/22/76 were dismissed whilst judgment was entered in favour of the plaintiffs in Suit No. HN/14/77 as per their claim in the following terms:

(i) It is hereby declared that the plaintiffs are the persons entitled to customary right of occupancy of all that piece or parcel of land known and called “Ogwugwu Ahaba” land situate at Uruokwe Ezeanike Egbema, Ozubulu verge green in the plaintiffs plan No. MEC/420/87.