CORAM
PARTIES
JAMES ANORUO NZE
APPELLANTS
OSITA ONYEACHUGWO
RESPONDENTS
AREA(S) OF LAW
ACTION, APPEAL, COURT, JURISDICTION, LAND LAW, PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The Plaintiff’s case before the trial court is that the land in dispute known and called “Ala Nwokwu” was a gift made to him by his father about 40 years ago before the commencement of the suit at the trial court. He claimed that his father inherited the land from his grandfather Onyeachugwo, a descendant of one Ogbuehi Akuzuo, the father of Onyeachugwo and Okenwa. The Defendant / Appellant claimed that the said land was sold to her by the head of the Urnuogbuehi family, one Michael Okenwa and other principal family members and that she was issued with a purchase receipt. It was the Appellant’s case that in 1977, she started to erect a building on the said land, the Respondent along with members of his family closed up the foundation. The Appellant again started to erect a wall on the land, again the Respondent pulled it down, and the matter eventually went to High Court of Imo State, Owerri. The Plaintiff/Respondent’s sought N1000.00 being damages for trespass to the Plaintiff’s parcel of land and an injunction restraining the Defendant by herself, servant and/or agent from committing further acts of trespass on the said land.
At the conclusion of trial, judgment was entered in favour of the Respondent. The Appellant being aggrieved lodged an appeal at the Court of Appeal Owerri. The lower Court in its judgment dismissed the Appellant’s appeal and affirmed the judgment of the trial Court.
HELD
Preliminary Objection Succeeds In Part, Appeal Struck Out
ISSUES
1. Whether the Court of appeal’s decision that the respondent proved possession of the land in dispute is correct in law considering the pleadings and legal evidence on record?
2. Whether the applicant did not, based on the pleadings and evidence on record, proved the purchase of the land in dispute from the Umuogbuehi larger family of which the respondent is a member?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria 1999 (as amended)
Supreme Court Rules, 1999