ETUBOM EKPO EFFIOM & 3 ORS. VS CHIEF EFFIOM EYO OKON

CORAM

PARTIES

1. ETUBOM EKPO EKPO EFFIOM2. CHIEF EDEM ITA EPHRAIM ADAM3. MADAM STELLA OKOHO ADAM EPHRAIM4. MAURICE EYO ETIM EYO ? APPELLANTS

CHIEF EFFIOM EYO OKON (For himself and on behalf of the people of EKPENE TETE VILLAGE, Akpabuyo Local Government Area) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondent as Plaintiff in the lower Court, a certificated Village Head of Ekpene Tete Village in Akpabuyo L.G.A. of Cross River State, commenced an action for himself and on behalf of the people of his village against the Defendants now Appellants for a declaration that he is the village head and as the village head he has the statutory duty to manage the economic resources of the village as a trustee ,perpetual injunction restraining the Defendants Appellants from interfering with his duties as the village head and general damages against the Defendants/Appellants. Upon service of the writ the Defendants/Appellants entered a conditional appearance and filed a notice of preliminary objection challenging the locus standi of the Plaintiff/Respondent and commencement of the action in a wrong judicial division. The court granted the Plaintiff/Respondent’s prayers and gave a ruling against the Defendants/Appellants. Aggrieved by this, the Defendants/Appellants have appealed to this Court.?

HELD

Appeal dismissed

ISSUES

“Whether the plaintiff has locus standi in instituting this action in a representative capacity on behalf of the people of Ekpene Tete Village Akpabuyo Local Government Area

RATIONES DECIDENDI

GROUND OF APPEAL- MEANING OF

‘A ground of appeal properly so called, complains of any decision, resolution, inference or step taken by the Court or mission to act by the Court, which the appellant contends is wrong’ PER NWALI SYLVESTER NGWUTA JCA

LAND- DEFINITION OF-SECTION 3 OF THE INTERPRETATION ACT

“Land is generally defined to include not only the surface of the earth and subsoil, but also all the appurtenances permanently attached to it such as buildings, trees, streams, etc”. PER NWALI SYLVESTER NGWUTA JCA

GROUND OF APPEAL-CHARACTERISTICS OF

‘A ground of appeal involves an issue of fact or of law or of both law and fact in the judgment such that if upheld will sustain the appeal’ PER NWALI SYLVESTER NGWUTA JCA

CASES CITED

Afribank (Nig.) Plc V. Osisanya (2000) 1 NWLR (Pt. 314) 606 Ella V. Agbo (1999) 8 NWLR (Pt. 613) 139,Gaji V. Paye (2003) 12 MJSCA 82.Ikwunne V. State (2005) 4 LRCNCCOkeke V. Tofi (No.2) (1979) 3 LRN 337, Onifade V. Olayinola (1990) 17 NWLR (Pt. 161) 130?